WT/REG451/1/Add.1  
22 November  2023 
(23-7681) Page: 1/47 
Committee on Regional Trade Agreements   
 
APPENDIX  1 
TRADE IN SERVICES LIBERALIZATION UNDER THE AGREEMENT  
 
 
  WT/REG451/1/Add.1  
 
- 2 - 
 
  Table of Contents  
Page 
 
1   AUSTRALIA  ................................ ................................ ................................ .................  6 
1.1   Horizontal commitments  ................................ ................................ .............................  6 
1.2   Sector -specific commitments  ................................ ................................ .......................  6 
1.3   Business services  ................................ ................................ ................................ ...... 8 
1.4   Communication services  ................................ ................................ .............................  8 
1.5   Construction and related engineering services  ................................ ...............................  8 
1.6   Distribution services  ................................ ................................ ................................ .. 9 
1.7   Educational services  ................................ ................................ ................................ ... 9 
1.8   Environmental services  ................................ ................................ ...............................  9 
1.9   Financial services  ................................ ................................ ................................ ...... 9 
1.10   Health related and social services  ................................ ................................ ..............  10 
1.11   Tourism and travel related services  ................................ ................................ ...........  10 
1.12   Recreational and cultural and sporting services  ................................ ...........................  10 
1.13   Transport services  ................................ ................................ ................................ .. 10 
1.14   Other Services not Included Elsewhere  ................................ ................................ ...... 11 
2   NEW ZEALAND  ................................ ................................ ................................ ...........  11 
2.1   Horizontal commitments  ................................ ................................ ............................  11 
2.2   Sector -specific commitments  ................................ ................................ ......................  11 
2.3   Business services  ................................ ................................ ................................ ..... 13 
2.4   Communication services  ................................ ................................ ............................  14 
2.5   Construction and related engineering services  ................................ ..............................  14 
2.6   Distribution services  ................................ ................................ ................................ . 14 
2.7   Educational services  ................................ ................................ ................................ .. 14 
2.8   Environmental services  ................................ ................................ ..............................  14 
2.9   Financial services  ................................ ................................ ................................ ..... 15 
2.10   Health related and social services  ................................ ................................ ..............  15 
2.11   Tourism and trav el related services  ................................ ................................ ...........  15 
2.12   Recreational and cultural and sporting services  ................................ ...........................  15 
2.13   Transport services  ................................ ................................ ................................ .. 15 
2.14   Other Services not Included Elsewhere  ................................ ................................ ...... 16 
3   SAMOA  ................................ ................................ ................................ ......................  16 
3.1   Horizontal commitments  ................................ ................................ ............................  16 
3.2   Sector -specific commitments  ................................ ................................ ......................  16 
3.3   Business services  ................................ ................................ ................................ ..... 18 
3.4   Communication services  ................................ ................................ ............................  18 
3.5   Construction and related engineering services  ................................ ..............................  19 
3.6   Distribution services  ................................ ................................ ................................ . 19 
3.7   Educational services  ................................ ................................ ................................ .. 19 WT/REG451/1/Add. 1 
 
- 3 - 
 
  3.8   Environmental services  ................................ ................................ ..............................  19 
3.9   Financial services  ................................ ................................ ................................ ..... 19 
3.10   Health related and social services  ................................ ................................ ..............  19 
3.11   Tourism and travel related services  ................................ ................................ ...........  19 
3.12   Recreational and cultural and sporting services  ................................ ...........................  19 
3.13   Transport services  ................................ ................................ ................................ .. 20 
3.14   Other Services not Included Elsewhere  ................................ ................................ ...... 20 
4   SOLOMON ISLANDS  ................................ ................................ ................................ ... 20 
4.1   Horizontal commitments  ................................ ................................ ............................  20 
4.2   Sector -specific commitments  ................................ ................................ ......................  20 
4.3   Business services  ................................ ................................ ................................ ..... 22 
4.4   Communication services  ................................ ................................ ............................  23 
4.5   Construction and related engineering services  ................................ ..............................  23 
4.6   Distribution services  ................................ ................................ ................................ . 23 
4.7   Educational services  ................................ ................................ ................................ .. 23 
4.8   Environmental services  ................................ ................................ ..............................  23 
4.9   Financial services  ................................ ................................ ................................ ..... 23 
4.10   Health related and social services  ................................ ................................ ..............  23 
4.11   Tourism and travel related services  ................................ ................................ ...........  23 
4.12   Recreational and cultural and sporting services  ................................ ...........................  24 
4.13   Transport serv ices ................................ ................................ ................................ .. 24 
4.14   Other Services not Included Elsewhere  ................................ ................................ ...... 24 
5   TONGA  ................................ ................................ ................................ ......................  24 
5.1   Horizontal commitments  ................................ ................................ ............................  24 
5.2   Sector -specific commitments  ................................ ................................ ......................  25 
5.3   Business services  ................................ ................................ ................................ ..... 27 
5.4   Communication services  ................................ ................................ ............................  27 
5.5   Construction and related engineering services  ................................ ..............................  27 
5.6   Distribution services  ................................ ................................ ................................ . 27 
5.7   Educational services  ................................ ................................ ................................ .. 27 
5.8   Environmental services  ................................ ................................ ..............................  27 
5.9   Financial services  ................................ ................................ ................................ ..... 28 
5.10   Health related and social services  ................................ ................................ ..............  28 
5.11   Tourism and travel related services  ................................ ................................ ...........  28 
5.12   Recreational a nd cultural and sporting services  ................................ ...........................  28 
5.13   Transport services  ................................ ................................ ................................ .. 28 
5.14   Other Services not Included Elsewhere  ................................ ................................ ...... 29 
6   VANUATU  ................................ ................................ ................................ ..................  29 
6.1   Horizontal commitments  ................................ ................................ ............................  29 
6.2   Sector -specific commitments  ................................ ................................ ......................  29 WT/REG451/1/Add.1  
 
- 4 - 
 
  6.3   Business services  ................................ ................................ ................................ ..... 31 
6.4   Communication services  ................................ ................................ ............................  31 
6.5   Construction and related engineering services  ................................ ..............................  32 
6.6   Distribution services  ................................ ................................ ................................ . 32 
6.7   Educational services  ................................ ................................ ................................ .. 32 
6.8   Environmental services  ................................ ................................ ..............................  32 
6.9   Financial services  ................................ ................................ ................................ ..... 32 
6.10   Health related and social services  ................................ ................................ ..............  32 
6.11   Tourism and travel related services  ................................ ................................ ...........  33 
6.12   Recreational and cultural and sporting services  ................................ ...........................  33 
6.13   Transport services  ................................ ................................ ................................ .. 33 
6.14   Other Services not Included Else where  ................................ ................................ ...... 33 
COMMITMENTS BY NON -WTO MEMBER PARTIES  ................................ ............................  34 
7   COOK ISLANDS  ................................ ................................ ................................ ..........  34 
7.1   Horizontal commitments  ................................ ................................ ............................  34 
7.2   Sector -specific commitments  ................................ ................................ ......................  34 
7.3   Business services  ................................ ................................ ................................ ..... 35 
7.4   Communication services  ................................ ................................ ............................  35 
7.5   Construction and related engineering services  ................................ ..............................  36 
7.6   Distribution services  ................................ ................................ ................................ . 36 
7.7   Educational services  ................................ ................................ ................................ .. 36 
7.8   Environmental services  ................................ ................................ ..............................  36 
7.9   Financial services  ................................ ................................ ................................ ..... 36 
7.10   Health related and social services  ................................ ................................ ..............  36 
7.11   Tourism and travel related services  ................................ ................................ ...........  36 
7.12   Recreational and cultural and sporting services  ................................ ...........................  36 
7.13   Transport services  ................................ ................................ ................................ .. 37 
7.14   Other Services not Included Elsewhere  ................................ ................................ ...... 37 
8   KIRIBATI  ................................ ................................ ................................ ..................  37 
8.1   Horizontal commitments  ................................ ................................ ............................  37 
8.2   Sector -specific commitments  ................................ ................................ ......................  37 
8.3   Business services  ................................ ................................ ................................ ..... 39 
8.4   Communication services  ................................ ................................ ............................  39 
8.5   Construction and related engineering services  ................................ ..............................  39 
8.6   Distribution services  ................................ ................................ ................................ . 39 
8.7   Educational services  ................................ ................................ ................................ .. 39 
8.8   Environmental services  ................................ ................................ ..............................  39 
8.9   Financial services  ................................ ................................ ................................ ..... 40 
8.10   Health related and social services  ................................ ................................ ..............  40 
8.11   Tourism and travel related services  ................................ ................................ ...........  40 WT/REG451/1/Add. 1 
 
- 5 - 
 
  8.12   Recreational and cultural and sporting services  ................................ ...........................  40 
8.13   Transport services  ................................ ................................ ................................ .. 40 
8.14   Other Services not Included Elsewhere  ................................ ................................ ...... 40 
9   NIUE  ................................ ................................ ................................ .........................  41 
9.1   Horizontal commitments  ................................ ................................ ............................  41 
9.2   Sector -specific commitments  ................................ ................................ ......................  41 
9.3   Business services  ................................ ................................ ................................ ..... 42 
9.4   Communication services  ................................ ................................ ............................  43 
9.5   Construction and related engineering services  ................................ ..............................  43 
9.6   Distribution services  ................................ ................................ ................................ . 43 
9.7   Educational services  ................................ ................................ ................................ .. 43 
9.8   Environmental services  ................................ ................................ ..............................  43 
9.9   Financial services  ................................ ................................ ................................ ..... 43 
9.10   Health related and social services  ................................ ................................ ..............  43 
9.11   Tourism and travel related services  ................................ ................................ ...........  43 
9.12   Recreational a nd cultural and sporting services  ................................ ...........................  43 
9.13   Transport services  ................................ ................................ ................................ .. 43 
9.14   Other Services not Included Elsewhere  ................................ ................................ ...... 44 
10   TUVALU  ................................ ................................ ................................ ...................  44 
10.1   Horizontal commitments  ................................ ................................ ..........................  44 
10.2   Sector -specific commitments  ................................ ................................ ....................  44 
10.3   Business services  ................................ ................................ ................................ .... 46 
10.4   Communication services  ................................ ................................ ..........................  46 
10.5   Construction and related engineering services  ................................ .............................  46 
10.6   Distribution services  ................................ ................................ ................................  46 
10.7   Educational services  ................................ ................................ ................................  46 
10.8   Environmental services  ................................ ................................ ............................  46 
10.9   Financial services  ................................ ................................ ................................ .... 46 
10.10    Health related and social services  ................................ ................................ ............  47 
10.11    Tourism and travel related services  ................................ ................................ .........  47 
10.12    Recreational and cultural and sporting services  ................................ ..........................  47 
10.13    Transport services  ................................ ................................ ................................ . 47 
10.14    Other Services not Included E lsewhere  ................................ ................................ ..... 47 
 
  WT/REG451/1/Add.1  
 
- 6 - 
 
  1  AUSTRALIA  
1.1  Horizontal commitments  
1.1.  Under the Agreement, Australia has broad reservations on investments and acquisitions; 
establishment of associations, cooperatives and limited partnerships; any measure with respect to 
the privatization of government owned entities or assets, and the devolution to the private sector of 
services provided in the e xercise of governmental authority at the date of entry into force of PACER 
Plus. Like the GATS, under the Agreement Australia reserves the right for any measure, affecting 
modes 1 -3, to accord preferences to any indigenous person or organization. As under the GATS, 
Australia maintains the residency requirement for directors of a public company, extending similar 
requirements to secretaries, and to directors and secretaries of a private company. Other horizontal 
reservations concern mode 4, as described in S ection  4.3.6 of this factual presentation.  
1.2.  Australia's MFN exemptions in Annex I include any measure that accords more favourable 
treatment to any service supplier or investor under any bilateral or multilateral agreement (i) in 
force or signed prior to th e entry into force of PACER Plus (including any modification or amendment 
of such agreements)1; and (ii) in force or signed after the entry into force of PACER Plus which 
covers aviation, fisheries, or maritime matters, including salvage. MFN treatment is  not extended to 
Australia's foreign investment framework for specific monetary thresholds; investments in 
agricultural land or agribusinesses; management of essential security interests; the provision of law 
enforcement, correctional and other social serv ices; cultural industries; all existing non -confirming 
measures at the regional level of government; and business and educational services.  
1.2  Sector -specific commitments  
1.3.  The following section identifies some of the main differences, by sector, between Austr alia's 
specific commitments under the GATS and its sector -specific commitments under the Agreement. 
As under its GATS schedule, Australia has made commitments in eleven out of twelve sectors in the 
WTO Services Sectoral Classification under PACER Plus, wit h no commitments for other services not 
included elsewhere.  
1.4.  Table 1.1 provides an overview of Australia's specific commitments in modes 1 -3 under the 
Agreement. Horizontal limitations and MFN reservations are not taken into account in the table which 
should be read in conjunction with the respective part of Annexes I, 7 -A and 8 -A.  
Table 1.1 Australia: Sector specific commitments in trade in services under PACER Plus  
Sectors  
Sub-sectors  
PACER Plus 
as compared  
to GATS  PACER Plus  GATS  
Sectoral 
coverage  Commit -
mentsa Sectoral 
coverage  Commit -
mentsa 
1. Business services       
A. Professional  Services  Similar  Partial  Partial  Partial  Partial  
B. Computer  and Related  Services  Improved  Partial  Full Partial  Full 
C. Research  and Development  Services  Improved  Full Partial  Partial  Full 
D. Real  Estate  Services  Narrower  Full Partial  Full Full 
E. Rental/Leasing  Services  without  Operators  Same  Partial  Full Partial  Full 
F. Other   Improved  Partial  Partial  Partial  Partial  
2. Communication services       
A. Postal  services  Same  --- --- --- --- 
B. Courier  services  Same  --- --- --- --- 
C. Telecommunication  services  Similar  Partial  Partial  Partial  Partial  
D. Audiovisual  services  Same  --- --- --- --- 
E. Other  Same  --- --- --- --- 
 
1 This applies to any differential treatment pursuant to a subsequent review or amendment of the 
relevant bilateral or multilateral international agreement, including measures adopted or maintained under any 
existing or future protocol to the Australia New Zealand Closer Economic Relations - Trade Agreement 
(ANZCERTA) (Annex I to the Agreement).  WT/REG451/1/Add. 1 
 
- 7 - 
 
  Sectors  
Sub-sectors  
PACER Plus 
as compared  
to GATS  PACER Plus  GATS  
Sectoral 
coverage  Commit -
mentsa Sectoral 
coverage  Commit -
mentsa 
3. Construction and related engineering 
services       
A. General  construction  work for buildings  Same  Full Partial  Full Partial  
B. General  construction  work for civil engineering  Same  Full Partial  Full Partial  
C. Installation  and assembly  work  Same  Full Partial  Full Partial  
D. Building  completion  and finishing  work  Same  Full Partial  Full Partial  
E. Other  New  Full Partial  Full Partial  
4. Distribution services       
A. Commission  agents'  services  Narrower  Partial  Full Partial  Full 
B. Wholesale  trade services  Similar  Partial  Full Partial  Full 
C. Retailing  services  Similar  Partial  Partial  Partial  Partial  
D. Franchising  Same  Full Full Full Full 
E. Other  Same  --- --- --- --- 
5. Educational services       
A. Primary education services  Same  --- --- --- --- 
B. Secondary education services  Same  Partial  Partial  Partial  Partial  
C. Higher education services  Same  Partial  Partial  Partial  Partial  
D. Adult education  Same  --- --- --- --- 
E. Other  Improved  Partial  Partial  Partial  Partial  
6. Environmental services       
A. Sewage services  Similar  Partial  Full Full Partial  
B. Refuse disposal services  Similar  Partial  Full Full Partial  
C. Sanitation and similar services  Similar  Partial  Full Full Partial  
D. Other  New  Partial  Full --- --- 
7. Financial services       
A. All insurance  and insurance -related  services  Improved  Partial  Partial  Partial  Partial  
B. Banking  and other  financial  services  Similar  Partial  Partial  Partial  Partial  
C. Other  Same  --- --- --- --- 
8. Health related and social services       
A. Hospital services  New Partial  Partial  --- --- 
B. Other Human Health Services  Same  Partial  Partial  Partial  Partial  
C. Social Services  Same  --- --- --- --- 
D. Other  Same  --- --- --- --- 
9. Tourism and travel related services       
A. Hotels  and restaurants (including catering)  Same  Full Partial  Full Partial  
B. Travel  agencies  and tour operators  services  Improved  Full Full Full Partial  
C. Tourist  guides  services  Same  Full Full Full Full 
D. Other  Same  --- --- --- --- 
10. Recreational and cultural and sporting 
services       
A. Entertainment  services  Same  --- --- --- --- 
B. News agency services  Same  Full Full Full Full 
C. Libraries, archives, museums and other 
cultural services  Same  --- --- --- --- 
D. Sporting and other recreational services  Narrower  Partial  Partial  Partial  Full 
E. Other  Same  --- --- --- --- 
11. Transport services       
A. Maritime Transport Services  Improved  Partial  Partial  Partial  Partial  
B. Internal Waterways Transport  Same  --- --- --- --- 
C. Air  Transport  Services  Improved  Partial  Partial  Partial  Partial  
D. Space  Transport  Same  --- --- --- --- 
E. Rail  Transport  Services  New Partial  Partial  --- --- 
F. Road Transport  Services  Improved  Partial  Partial  Partial  Partial  
G. Pipeline  Transport  Same  Full Full Full Full 
H. Services  auxiliary  to all modes  of transport  Improved  Partial  Partial  Partial  Partial  WT/REG451/1/Add.1  
 
- 8 - 
 
  Sectors  
Sub-sectors  
PACER Plus 
as compared  
to GATS  PACER Plus  GATS  
Sectoral 
coverage  Commit -
mentsa Sectoral 
coverage  Commit -
mentsa 
I. Other   Same  --- --- --- --- 
12. Other Services not Included Elsewhere  Same  --- --- --- --- 
General Note: MFN and Horizontal limitations, as well as Mode 4 commitments/limitations are not included.  
a The column refers only to commitments in sectors or sub -sectors covered under the Agreement.  
Full: Specific commitments not subject to market access or national treatment limitation(s).  
Partial:  Specific commitments subject to some market access or national treatment limitations.  
New: New commitments full or partial, with or without li mitations.  
Improved:  Overall improved commitments under the Agreement compared to those under the GATS.  
Narrower:  Some additional limitations (as compared to GATS commitments).  
Same:   Identical commitments.  
Similar:  Similar liberalization, in individual  cases, with limited improvements and/or limited additional 
reservations.  
--- : No specific commitments; sector or sub -sector excluded from the Agreement.  
Source:  Australia's Draft Consolidated GATS Schedule of Specific Commitments (S/DCS /W/AUS/Rev.1) 
prepared by the Secretariat and Australia's schedule of specific commitments under PACER Plus 
(Annex 7 -A to PACER Plus).  
 
1.3  Business services  
1.5.  In comparison to the GATS, Australia overall improves its commitments for business services 
with new c ommitments being made in some sub -sectors in computer2; research and development 
(R&D services on natural sciences and interdisciplinary R&D); and other business services (services 
related to management consulting; technical testing and analysis services,  services incidental to 
agriculture, hunting and forestry, manufacturing; maintenance and repair of equipment).  
1.6.  The level of liberalization in professional and rental/leasing services without operators services 
is similar to that under the GATS, while unli ke its GATS commitments, Australia schedules national 
treatment limitations for modes 1, 2 and 3 for real estate services.  
1.4  Communication services  
1.7.  As under the GATS, Australia does not schedule any commitments for postal, courier, 
audiovisual and other comm unication services under PACER Plus.  
1.8.  In telecommunication services, Australia improves its market access commitments for basic 
telecommunication services3, with certain restrictions remaining in place for mode 3; while for value -
added telecommunications new national treatment limitations are introduced for mode 3, in 
particular relating to Australia's Telstra.  
1.9.  As under the GATS, Australia undertakes additional commitments on telecommunication 
services as indicated in the Reference Paper on telecommunicat ions attached to its schedule of 
specific commitments under the Agreement.  
1.5  Construction and related engineering services  
1.10.  In comparison with the GATS, Australia undertakes new commitments in other construction 
and related engineering services sub -sector (C PC 511, 515, 518) with only mode 1 remaining 
unbound for the whole sector due to lack of technical feasibility.  
 
2 Australia schedules commitments for the whole division 84 "Computer and related services" with 
clarification that its commitments do not impose any obligations on it with respect to measures affecting 
services in other sectors, including audio -visual services, however delivered.  
3 As under Australia's GATS commitments, services covered by the Broadcasting Services Act 1992 are 
excluded from the basic telecommunicati ons sector.  WT/REG451/1/Add. 1 
 
- 9 - 
 
  1.6  Distribution services  
1.11.  Under the Agreement, Australia undertakes new commitments in some wholesale trade4 and 
retailing5 service sub -sectors w ith no scheduled reservations for market access or national 
treatment, except for some limitations on the cross -border supply of retailing services, which are 
the same as under the GATS.  
1.12.  Unlike its GATS commitments, Australia excludes tobacco, alcoholic be verages and firearms 
from the scope of commission agents', wholesale trade and retailing services.  
1.13.  As under the GATS, no commitments are made for other distribution services.  
1.7  Educational services  
1.14.  As under the GATS, no commitments are made for primary an d adult education services, 
while for secondary, higher and other education services only national treatment limitations for mode 
3 remain unbound.  
1.15.  Under the Agreement, as an improvement of its GATS commitments, Australia extends the 
sectoral coverage of other education services (CPC 929**) to tuition and testing in English and other 
languages, and tuition in cuisine and traditional therapies (including massage, acupuncture), music, 
dance and martial arts.  
1.8  Environmental services  
1.16.  In comparison to the GATS , Australia improves the scope of its commitments for 
environmental services sector by liberalizing the supply of some of the other environmental services6 
and removing restrictions on mode 1. However, under PACER Plus Australia's commitments on 
environme ntal services exclude the provision of water for human use, including water collection, 
purification and distribution through the mains, which seem to be covered by its commitments under 
the GATS.  
1.9  Financial services  
1.17.  As under the GATS, Australia undertakes  commitments in financial services in accordance 
with the provisions of the "Understanding on Commitments in Financial Services".  
1.18.  Under the Agreement Australia eliminated GATS residency requirements for registered foreign 
life insurance companies, and for authorized insurance companies operating in Australia as non -
incorporated entities.  
1.19.  For banking and other financial services, whi ch include remittance centres and remittance 
centre services under the Agreement, Australia schedules what appear to be new restrictions in 
comparison to its GATS commitments: (i) market access limitations regarding acceptance of initial 
deposits by foreig n authorized deposit -taking institutions; operation of representative offices and 
managed investment schemes; and (ii) national treatment limitations applicable in Western Australia 
(for the business of providing credit, debt collection or finance brokerag e) and in Queensland (for 
persons operating as second -hand dealers or pawnbrokers).  
 
4 New commitments cover parts of wholesale trade services of agricultural raw materials and live 
animals (CPC 6221) and wholesale trade services of food, beverages and tobacco (CPC 6222).  
5 New commitments cover retail sales of motor vehicles ( CPC 61112), sales of parts and accessories of 
motor vehicles (CPC 6113) and sales of motorcycles and snowmobiles and related parts and accessories (CPC 
6121).  
6 Under the Agreement Australia undertakes commitments in Protection of ambient air and climate ( CPC 
9404); Noise and vibration abatement (CPC 9405); Nature and landscape protection services (CPC 9406); 
Other environmental and ancillary services (CPC 9409).  WT/REG451/1/Add.1  
 
- 10 - 
 
  1.10  Health related and social services  
1.20.  Australia undertakes new partial liberalization commitments for private hospital services (CPC 
93110**)7 with mode 1 remaining unbound and certain limitations on market access for mode 3.  
1.21.  As under the GATS, Australia does not make any commitments for social services and other 
health -related and social services sub -sectors, and maintains the same commitments for other 
human health service s sub -sector (CPC 93199**)8 as under the GATS.  
1.11  Tourism and travel related services  
1.22.  With improved commitments for travel agencies and tour operator services, Australia 
maintains the same liberalization level for hotels and restaurants, and tourist guide s ervices as under 
the GATS.  
1.12  Recreational and cultural and sporting services  
1.23.  Australia maintains the same level of liberalization as in the GATS for news agency services 
and some sub -sectors in sporting and other recreational services9, except new broad n ational 
treatment limitations are scheduled for other recreational services (CPC 96491, covers recreational 
park and beach services).  
1.13  Transport services  
1.24.  In comparison to the GATS, Australia generally improves its commitments in transport 
services sector, in particular new commitments are scheduled in rail transport services sub -sector 
(freight transportation, pushing and towing services, and supporting services for rail transport 
services).  
1.25.  It also broadens its commitments in maritime transport services su b-sector by expanding the 
scope of liberalization in maritime auxiliary services (maritime cargo handling, customs clearance 
and maritime agency services)10 and undertaking new partial commitments in supporting services 
for maritime transport11. For mariti me international transport (freight and passenger)12 services 
Australia's commitments seem to be improved in comparison to the GATS . 
1.26.  In air transport services, Australia improves its GATS commitments by partially liberalizing 
the supply of selling and marketing of air transport services13, airport operation14, ground handling15 
and other supporting services for air transport16.  
1.27.  In road transport, it broadens the scope of its commitments by scheduling no market access 
or national treatment limitations f or freight transportation and rental of commercial vehicles with 
 
7 Covers delivery of services under the direction of registered medical doctors to patients in hospital 
institutions that are not funded, owned or operated by or on behalf of the Federal, a State or Territory 
Government.  
8 Covers podiatry and chiropody services. Includes podiatry services in health clinics, and residential 
health facilities other th an hospitals, as well as in own consulting rooms, patients’ homes or elsewhere.  
9 As under the GATS, Australia undertakes commitments in sporting services (CPC 9641) and other 
recreational services (CPC 96491, covers recreational park and beach services).  
10 Like its GATS schedule, definitions used for scheduling commitments for maritime transport services 
are set out in the note to Australia's schedule of specific commitments in trade in services under PACER Plus.  
11 Australia's additional commitments, with some exceptions, in maritime transport services cover 
pilotage, towing and tug assistance; provisioning, fuelling and watering; garbage collection and ballast waste 
disposal; Port Captain services; navigation aids; shore -based operational services essentia l to ship operations, 
including communications water and electrical supplies; emergency repair facilities; anchorage, berth and 
berthing services.  
12 Cabotage and offshore transport are not covered, as under the GATS.  
13 "Selling and marketing of air transp ort services" are defined as in paragraph 6(b) of the GATS Annex 
on Air Transport Services, except that the aspects of "marketing" covered by Australia's commitment are 
limited to market research, advertising and distribution.  
14 CPC 7461, excluding cargo h andling.  
15 CPC 74110 and 74190 air transport sector only.  
16 CPC 7469**, excludes airport rescue and terminal firefighting services.  WT/REG451/1/Add. 1 
 
- 11 - 
 
  operators services (CPC 7123 and 71 24, accordingly) and maintaining only a national treatment 
limitation in passenger transportation services (CPC 71213, 71214, 7122; as under the GATS, 
regular urban bus services are not included).  
1.28.  Under the Agreement, Australia also broadens the scope of its commitments in services 
auxiliary to all modes of transport, inter alia , by undertaking new commitments in cargo -handling 
services in relation to rail, r oad and air transport only (CPC 741**).  
1.29.  As under the GATS, it does not have any market access or national treatment limitations for 
pipeline transport services, and no commitments in internal waterways, space and other transport 
services sub -sectors.  
1.14  Other  Services not Included Elsewhere  
1.30.  As under the GATS, Australia does not make any commitments for other services not included 
elsewhere.  
2  NEW ZEALAND  
2.1  Horizontal commitments  
2.1.  As under the GATS, New Zealand's horizontal commitments under the Agreement cover 
national treatment limitations on commercial presence with other horizontal reservations concern ing 
mode 4, as described in Section  4.3.6 of this factual presentation. Like in its GATS schedule, approval 
is required for (i) certain investments by "overseas person s"17 in New Zealand entities; (ii) 
commencement of business operations or acquisition of an existing business, including business 
assets, in New Zealand; or (iii) acqu isition or control of certain categories of land. In addition, under 
PACER Plus, approval is required for an acquisition of 25% or more of any class of shares or voting 
power in a New Zealand entity that owns a commercial fishing quota or annual catch enti tlement, or 
the acquisition of such entitlement.  
2.2.  New Zealand's MFN exemptions in Annex I  to the Agreement , are broader than those under 
the GATS . Under the Agreement, MFN treatment is not extended to  any measure that accords 
differential treatment under a ny bilateral or multilateral international agreement (i) in force or signed 
prior to the entry into force of PACER Plus (including any modification or amendment of such 
agreements); and (ii) in force or signed after the entry into force of PACER Plus which  covers 
aviation, fisheries, or maritime matters. Moreover, MFN exceptions cover  any measure related to 
the management  of core government function s: the act of devolving a service that is provided in the 
exercise of governmental authority at the time the A greement enters into force; the provision of law 
enforcement, correctional and other social services; the sale of any shares or assets in an enterprise 
that is wholly owned by the New Zealand Government; research and development, technical testing 
and anal ysis, postal, health related and social18 services, and  recreational, cultural and sporting 
services relating to national heritage. Its MFN exceptions also include any measure related to the 
management of New Zealand's nuclear energy policy,  and immigration system and regulations; the 
supply of services incidental to mining and maritime transport services; and activities related to 
fisheries and aquaculture. Like its GATS commitments, New Zealand maintains MFN exemptions on 
interpretation, audiov isual and maritime (passenger and freight) services.  
2.2  Sector -specific commitments  
2.3.  The following section identifies some of the main differences, by sector, between New Zealand's 
specific commitments under the GATS and its sector -specific commitments under t he Agreement. In 
comparison to its GATS schedule, New Zealand has made commitments under PACER Plus in all 
twelve sectors in the WTO Services Sectoral Classification, expanding the coverage of its 
 
17 As under the GATS, an “overseas person” is defined as an individual not normally resident in New 
Zealand; a company not incorporated in New Zealand; a New Zealand -incorporated company in which 25% or 
more of any class of shares or of the voting power is h eld by overseas persons; or a nominee of the overseas 
person, whether or not the nominee is himself/herself an overseas person.  
18 This covers adoption services, hospital services , and maternity deliveries and related services, 
including services provided b y midwives , pharmaceutical services to the extent that they are provided by the 
private sector.  WT/REG451/1/Add.1  
 
- 12 - 
 
  liberalization commitments in business, construction and en gineering, environmental, financial, 
transport and other services not included elsewhere.  
2.4.  Table 2.1 provides an overview of New Zealand's specific commitments in modes 1 -3 under 
the Agreement. Horizontal limitations and MFN reservations are not taken into account in the table 
which should be read in conjunction with the respective part of Annex es I, 7-A and 8 -A.  
Table 2.1 New Zealand: Sector specific commitments in trade in services under PACER 
Plus 
Sectors  
Sub-sectors  
PACER Plus 
as compared 
to GATS  PACER Plus  GATS  
Sectoral 
coverage  Commit -
mentsa Sectoral 
coverage  Commit -
mentsa 
1. Business services       
A. Professional  Services  Improved  Partial  Full Partial  Partial  
B. Computer  and Related  Services  Improved  Full Full Partial  Full 
C. Research  and Development  Services  Same  --- --- --- --- 
D. Real  Estate  Services  Same  Full Full Full Full 
E. Rental/Leasing  Services  without  Operators  Same  Partial  Full Partial  Full 
F. Other   Improved  Partial  Partial  Partial  Partial  
2. Communication services       
A. Postal  services  Same  --- --- --- --- 
B. Courier  services  Same  --- --- --- --- 
C. Telecommunication  services  Same  Full Partial  Full Partial  
D. Audiovisual  services  Similar  Partial  Partial  Partial  Partial  
E. Other  Same  --- --- --- --- 
3. Construction and related engineering 
services       
A. General  construction  work for buildings  Improved  Full Partial  Full Partial  
B. General  construction  work for civil engineering  Improved  Full Partial  Full Partial  
C. Installation  and assembly  work  Improved  Full Partial  Full Partial  
D. Building  completion  and finishing  work  Improved  Full Partial  Full Partial  
E. Other  Improved  Full Partial  Partial  Partial  
4. Distribution services       
A. Commission  agents'  services  Same  Partial  Full Partial  Full 
B. Wholesale  trade services  Same  Partial  Full Partial  Full 
C. Retailing  services  Same  Partial  Full Partial  Full 
D. Franchising  Same  --- --- --- --- 
E. Other  Same  --- --- --- --- 
5. Educational  services       
A. Primary education services  Same  Partial  Full Partial  Full 
B. Secondary education services  Same  Partial  Full Partial  Full 
C. Higher education services  Same  Partial  Full Partial  Full 
D. Adult education  Same  --- --- --- --- 
E. Other  New Partial  Full --- --- 
6. Environmental services       
A. Sewage services  New Partial  Full --- --- 
B. Refuse disposal services  New Partial  Full --- --- 
C. Sanitation and similar services  New Partial  Full --- --- 
D. Other  New Partial  Full --- --- 
7. Financial services       
A. All insurance  and insurance -related  services  Improved  Full Partial  Full Partial  
B. Banking  and other  financial  services  Same  Full Full Full Full 
C. Other  Same  --- --- --- --- 
8. Health related and social services       
A. Hospital services  Same  --- --- --- --- 
B. Other Human Health Services  Same  --- --- --- --- 
C. Social Services  Same  --- --- --- --- WT/REG451/1/Add. 1 
 
- 13 - 
 
  Sectors  
Sub-sectors  
PACER Plus 
as compared 
to GATS  PACER Plus  GATS  
Sectoral 
coverage  Commit -
mentsa Sectoral 
coverage  Commit -
mentsa 
D. Other  Same  --- --- --- --- 
9. Tourism and travel related services       
A. Hotels  and restaurants (including catering)  Same  Full Full Full Full 
B. Travel  agencies  and tour operators  services  Same  Full Full Full Full 
C. Tourist  guides  services  Same  Full Full Full Full 
D. Other  Same  --- --- --- --- 
10. Recreational and cultural and sporting 
services       
A. Entertainment  services  Same  --- --- --- --- 
B. News agency services  Same  --- --- --- --- 
C. Libraries, archives, museums and other 
cultural services  Same  --- --- --- --- 
D. Sporting and other recreational services  Same  --- --- --- --- 
E. Other  Same  --- --- --- --- 
11. Transport services       
A. Maritime Transport Services  Same  Partial  Partial  Partial  Partial  
B. Internal Waterways Transport  Same  --- --- --- --- 
C. Air  Transport  Services  Improved  Partial  Partial  Partial  Partial  
D. Space  Transport  Same  --- --- --- --- 
E. Rail  Transport  Services  Same  Partial  Full Partial  Full 
F. Road  Transport  Services  Same  Partial  Full Partial  Full 
G. Pipeline  Transport  Same  Full Full Full Full 
H. Services  auxiliary  to all modes  of transport  Improved  Partial  Partial  Partial  Partial  
I. Other   Same  --- --- --- --- 
12. Other Services not Included Elsewhere  New Partial  Full --- --- 
General Note: MFN and Horizontal limitations, as well as Mode 4 commitments/limitations are not included.  
a The column refers only to commitments in sectors or sub -sectors covered under the Agreement.  
Full: Specific commitments not subject to market access or national treatment limitation(s).  
Partial:  Specific commitments subject to some market access or national treatment limitation(s).  
New: New commitments full or partial, with or without limitations.  
Improved:  Overall improved commitments under the Agreement compared to those under the GATS.  
Same:   Identical commitments.  
Similar:  Similar liberalization, in individual cases, with limited improvements and/or limited additional 
reservations.   
--- : No specific commitments; sector or sub -sector excluded from the Agreement.  
Source:  New Zealand's Draft Consolidated GATS Schedule of Specific Comm itments (S/DCS/W/NZL) 
prepared by the Secretariat and New Zealand's schedule of specific commitments under PACER 
Plus (Annex 7 -A to PACER Plus).  
 
2.3  Business services  
2.5.  In comparison to its GATS commitments, New Zealand improves its commitments for business 
services with new undertakings  in professional19, computer20 and other business services21. For 
professional services, New Zealand also improves its GATS commitments in legal, taxation and 
engineering services.  
 
19 New commitments are made in integrated engineering services (CPC 8673).  
20 New commitments are made in other computer and related services (CPC 845+849).  
21 New commitments are made in the following sub -sectors: m arket research and public opinion polling 
service  (CPC864);  management consulting service  (CPC 865);  services related to management  consulting (CPC 
866); placement and supply services of personnel ( CPC 872); photographic services  (CPC 875); c onvention 
services  (CPC 87909**); credit reporting services (CPC 87901); collection agency services (CPC 87902) and 
other (telephone answering services (CPC 87903); mailing list compilation and mailing services (CPC 8 7906);  
interior design services (CPC 87907**); duplicating services (CPC 87904) and other (CPC 87909))  WT/REG451/1/Add.1  
 
- 14 - 
 
  2.6.  Under both the GATS  and the Agreement , New Zeala nd does not schedule any commitments 
for research and development services.  
2.4  Communication services  
2.7.  In telecommunications services, New Zealand maintains its GATS commitments, including 
similar additional commitments22 as indicated in the Reference Paper on  telecommunications 
attached to New Zealand's schedule of specific commitments under the Agreement.  
2.8.  In audiovisual services, New Zealand 's commitments are similar to those in the  GATS , 
maintaining certain national treatment limitations to promote the Māor i language and culture.  
2.9.  As under the GATS, no commitments are scheduled for postal, courier and other communication 
services.  
2.5  Construction and related engineering services  
2.10.  In construction and related engineering service, New Zealand improves its commitments 
across the whole sector by liberalizing cross -border supply of related consultancy services. In 
addition, new commitments with no market access or national treatment limitations are scheduled 
for renting services related to equipment for constr uction or demolition of building or civil 
engineering, with operator (CPC 518).  
2.6  Distribution services  
2.11.  Under the Agreement, New Zealand maintains the same commitments as under the GATS in 
distribution services with partial sectoral coverage and no market ac cess or national treatment 
limitations in commission agents', wholesale and retail trade services.  
2.12.  As under the GATS, New Zealand has no commitments for franchising and other distribution 
services.  
2.7  Educational services  
2.13.  In comparison to the GATS, New Zealand improves its commitments overall in educational 
services by making new liberalization commitmen ts in certain other educational services23 sub-sector 
under the Agreement.  
2.14.  As under the GATS, there are no market access or national treatment limitations for the supply 
by private institutions of primary, secondary and tertiary educational services. Adult  education 
services are not scheduled under the Agreement, as under the GATS.  
2.8  Environmental services  
2.15.  In comparison to the GATS, new commitments are made in environmental services. Under 
the Agreement, New Zealand schedules no market access or national tre atment limitations for the 
supply of consultancy services related to waste water management, refuse disposal, sanitation and 
similar services, protection of ambient air and climate, noise and vibration abatement, nature and 
landscape protection, and other environmental and ancillary services (part of CPC 9401, 9402, 9403, 
9404, 9405, 9406 and 9409, respectively). In addition, liberalization commitments also apply to all 
other aspects of waste -water management, refuse disposal, sanitation and similar service s when 
contracted by private industry only.   
 
22 Unlike under the GATS, under PACER Plus, provisions on interconnection apply to linking with 
suppliers providing public telecommunications transport  networks or services to allow the users of one supplier 
to communicate with users of  another supplier and to access services provided by another supplier, regardless 
of having undertaken specific commitments for those services.  
23 New commitments are made in language training provided in private specialist language institutions; 
and in tuition in subjects taught at the primary and secondary levels, provided by private specialist institutions 
operating outside the New Zealand compulsory school system, for example  the provision of extension or 
remedial tuition for maths, science or history  (CPC 929**) . WT/REG451/1/Add. 1 
 
- 15 - 
 
  2.16.  New Zealand's commitments in environmental services exclude the collection, purification and 
distribution of water, including water for human use.  
2.9  Financial services  
2.17.  As under the GATS, New Zealand undertakes c ommitments in financial services in accordance 
with the provisions of the "Understanding on Commitments in Financial Services". For all insurance 
and insurance -related services, it removes market access mode 1 and 3 limitations in favour of the 
Apple and P ear Marketing Board in non -life insurance and insurance intermediation services. For 
banking and other financial services, there are no changes to its  commitments.  
2.10  Health related and social services  
2.18.  As under the GATS, New Zealand does not schedule any com mitments for health related and 
social services . 
2.11  Tourism and travel related services  
2.19.  As under the GATS, New Zealand does not schedule any market access or national treatment 
limitations for the supply of hotels and restaurants, travel agencies and tour op erators, and tourist 
guides services, except for other tourism and travel related services, which is not committed under 
the Agreement nor under the GATS.  
2.12  Recreational and cultural and sporting services  
2.20.  As under the GATS, New Zealand does not make  any com mitments for recreational and 
cultural and sporting services . 
2.13  Transport services  
2.21.  In comparison to the GATS, New Zealand generally improves its commitments in transport 
services, in particular it makes new commitments  in air transport and auxiliary service s. 
2.22.  GATS commitments are maintained in maritime transport services with partial liberalization 
for the supply of  maritime freight and passenger transportation  services24 and no market access or 
national treatment limitations for certain maritime auxiliary s ervices (storage and warehousing25, 
and maritime freight forwarding services).  
2.23.  In air transport services, New Zealand improves its GATS commitments  through  new partial 
liberalization commitments in aircraft repair and maintenance, and cargo and baggage handling 
services  (part of CPC 741) .  
2.24.  In rail transport services, New Zealand maintains its GATS commitments with no market 
access or national treatment limit ations for the supply of rail passenger and freight transportation 
and pushing or towing services (CPC 711).  Similarly, in road transport New Zealand 's commitments 
under the Agreement are the same as under the GATS with partial liberalization of commercial  road 
transport services (passenger, goods, rental and vehicle recovery, excluding mail transportation 
(CPC 71235)).  
2.25.  Under the Agreement, New Zealand broadens the scope of its commitments in services 
auxiliary to all modes of transport through  new commitme nts in cargo -handling services in relation 
to air transport services (part of CPC 741).  
2.26.  As under the GATS, New Zealand does not have any market access or national treatment 
limitations for pipeline transport services, and no commitments in internal waterwa ys, space and 
other transport services sub -sectors.  
 
24 Cabotage is not covered, as under the GATS.  
25 As under the GATS, cross -border supply of storage and warehousing services (CPC 742) is unbound 
due to lack of technical feasibility.  WT/REG451/1/Add.1  
 
- 16 - 
 
  2.14  Other Services not Included Elsewhere  
2.27.  As an improvement to its GATS commitments, New Zealand makes a full undertaking for the 
supply of washing, cleaning and dyeing services (CPC 9701).  
3  SAMOA   
3.1  Horizontal commitments  
3.1.  Under the Agreement  and the GATS, Samoa has broad reservations for the investment and the 
ownership of land, and a requirement to provide training to local employees. In addition, under 
PACER Plus it reserves the right to maintain any measure on (i) the devolution to the private sector 
of services provided in the exercise of Governmental authority  at the date of entry into force of the 
Agreement; (ii) sale or disposal of Government owned entities or assets; and  (iii) the provision of 
law enforcement and correctional services, and specific social services26 established or maintained 
for a public purpose. Other horizontal reservations concern mode 4, as described in Section  4.3.4 of 
this factual presentation.  
3.2.  Samoa's MFN exemptions in Annex I, are broader than those under the GATS. Under PACER 
Plus, Samoa's MFN exemptions include any measure that accords more favourable treatment under 
any bilateral or multilateral agreement (i) in force or signed prior the entry into force of PACER Plus 
(including any modification or amendment of such agreements)27; (ii) in force or signed after the 
entry into force of PACER Plus with  a specific list of countries28 or which covers aviation, fisheries, 
or maritime matters, including salvage. MFN treatment is not extended for the supply of health and 
social services, and cultura l industries. As under the GATS, Samoa maintains its MFN exemptions on 
the supply of audiovisual services.  
3.2  Sector -specific commitments  
3.3.  The following section identifies some of the main differences, by sector, between Samoa's 
specific commitments under the GATS and the Agreement. In comparison to its GATS schedule, 
Samoa has made commitments under PACER Plus in eleven out of twelve sectors in the WTO Services 
Sectoral Classification, expanding the coverage of its liberalization commitments in health related 
and social services.  
3.4.  Table 3.1 provides an overview of Samoa's specific commitments in modes 1 -3 under the 
Agreement. Horizontal limitations and MFN reservations are not taken into account in the table which 
should be read in conjunction with the respectiv e part of Annex es I, 7-A and 8 -A.  
Table 3.1 Samoa: Sector specific commitments in trade in services under PACER Plus  
Sectors  
Sub-sectors  
PACER Plus 
as compared 
to GATS  PACER Plus  GATS  
Sectoral 
coverage  Commit -
mentsa Sectoral 
coverage  Commit -
mentsa 
1. Business services       
A. Professional  Services  Improved  Partial  Partial  Partial  Partial  
B. Computer  and Related  Services  Improved  Full Full Partial  Full 
C. Research  and Development  Services  Same  --- --- --- --- 
D. Real  Estate  Services  Same  --- --- --- --- 
E. Rental/Leasing  Services  without  Operators  Improved  Partial  Full Partial  Full 
 
26 Income security or insurance, social security or insurance, social welfare, public education, public 
training, health,  child care, public utilities, public transport and public housing (Schedule of specific 
commitments of Samoa, Annex 7 -A to PACER Plus).  
27 This includes measures adopted or maintained under any existing or future amendments to the Pacific 
Island Countries Trade Agreement (PICTA).  
28 This applies to Least Developed Countries as classified by the United Nations and the Pacific Island 
Countries and territories that are not party to PACER Plus ( American Samoa, Commonwealth of the Northern 
Mariana Islands, French  Polynesia, Guam, New Caledonia, Pitcairn, Tokelau, and Wallis and Futuna ). WT/REG451/1/Add. 1 
 
- 17 - 
 
  Sectors  
Sub-sectors  
PACER Plus 
as compared 
to GATS  PACER Plus  GATS  
Sectoral 
coverage  Commit -
mentsa Sectoral 
coverage  Commit -
mentsa 
F. Other   Improved  Partial  Full Partial  Full 
2. Communication services       
A. Postal  services  Same  --- --- --- --- 
B. Courier  services  Same  Partial  Full Partial  Full 
C. Telecommunication  services  Same  Full Full Full Full 
D. Audiovisual  services  Same  Partial  Full Partial  Full 
E. Other  Same  --- --- --- --- 
3. Construction and related engineering 
services       
A. General  construction  work for buildings  Same  Partial  Partial  Partial  Partial  
B. General  construction  work for civil engineering  Same  Partial  Partial  Partial  Partial  
C. Installation  and assembly  work  Same  --- --- --- --- 
D. Building  completion  and finishing  work  Same  --- --- --- --- 
E. Other  Same  --- --- --- --- 
4. Distribution services       
A. Commission  agents'  services  Similar  Partial  Full Full Partial  
B. Wholesale  trade services  New Partial  Full   
C. Retailing  services  Same  --- --- --- --- 
D. Franchising  Same  Full Full Full Full 
E. Other  Same  --- --- --- --- 
5. Educational  services       
A. Primary education services  Same  Partial  Full Partial  Full 
B. Secondary education services  Same  Partial  Full Partial  Full 
C. Higher education services  Same  Partial  Full Partial  Full 
D. Adult education  Same  Partial  Full Partial  Full 
E. Other  Same  Partial  Full Partial  Full 
6. Environmental services       
A. Sewage services  Same  Full Partial  Full Partial  
B. Refuse disposal services  Same  Full Partial  Full Partial  
C. Sanitation and similar services  Same  Full Partial  Full Partial  
D. Other  Same  Full Partial  Full Partial  
7. Financial services       
A. All insurance  and insurance -related  services  Improved  Full Partial  Full Partial  
B. Banking  and other  financial  services  Same  Full  Partial  Full Partial  
C. Other  Same  --- --- --- --- 
8. Health related and social services       
A. Hospital services  New  Partial  Full  --- --- 
B. Other Human Health Services  Same  --- --- --- --- 
C. Social Services  Same  --- --- --- --- 
D. Other  Same  --- --- --- --- 
9. Tourism and travel related services       
A. Hotels  and restaurants (including catering)  Same  Partial  Partial  Partial  Partial  
B. Travel  agencies  and tour operators  services  Same  Partial  Partial  Partial  Partial  
C. Tourist  guides  services  Same  --- --- --- --- 
D. Other  Same  --- --- --- --- 
10. Recreational and cultural and sporting 
services       
A. Entertainment  services  Improved  Partial  Full  Partial  Full  
B. News agency services  New  Full Full --- --- 
C. Libraries, archives, museums and other 
cultural services  New Partial  Full  --- --- 
D. Sporting and other recreational services  New Partial  Full  --- --- 
E. Other  Same  --- --- --- --- 
11. Transport services       WT/REG451/1/Add.1  
 
- 18 - 
 
  Sectors  
Sub-sectors  
PACER Plus 
as compared 
to GATS  PACER Plus  GATS  
Sectoral 
coverage  Commit -
mentsa Sectoral 
coverage  Commit -
mentsa 
A. Maritime Transport Services  Improved  Partial  Partial  Partial  Partial  
B. Internal Waterways Transport  Same  --- --- --- --- 
C. Air  Transport  Services  Same  Partial  Full Partial  Full 
D. Space  Transport  Same  --- --- --- --- 
E. Rail  Transport  Services  Same  --- --- --- --- 
F. Road  Transport  Services  Same  --- --- --- --- 
G. Pipeline  Transport  Same  --- --- --- --- 
H. Services  auxiliary  to all modes  of transport  New Partial  Partial  --- --- 
I. Other   Same  --- --- --- --- 
12. Other Services not Included Elsewhere  Same  --- --- --- --- 
General Note: MFN and Horizontal limitations, as well as Mode 4 commitments/limitations are not included.  
a The column refers only to commitments in sectors or sub -sectors covered under the Agreement.  
Full: Specific commitments not subject to  market access or national treatment  limitation(s).  
Partial:  Specific commitments subject to some market access or national treatment limitation(s).  
New: New commitments full or partial, with or without limitations.  
Narrower:  Some additional limitations (as compared to GATS commitments).  
Similar:  Similar liberalization, in individual cases, with limited improvements and/or limited additional 
reservations.   
--- : No specific commitments; sector or sub -sector excluded from the Agreement.  
Source:   Samoa's GATS Schedule of Specific Commitments (GATS/SC/147) an d Samoa's schedule of specific 
commitments under PACER Plus (Annex 7 -A to PACER Plus).  
 
3.3  Business services  
3.5.  In comparison to the GATS, Samoa overall improves its commitments in business services, 
particularly in professional, computer, rental/leasing service s without operators and other business 
services.  
3.6.  Under the Agreement, new commitments are undertaken in professional29, rental/leasing 
services without operators30 and other business services31. 
3.7.  As under the GATS, Samoa does not make any commitments in res earch and development, 
and real estate services.  
3.4  Communication services  
3.8.  In communication services, Samoa maintains its GATS commitments in courier32, 
telecommunication33 and audiovisual services sub -sectors, including undertaking additional 
commitments as indicated in the Reference Paper on telecommunications attached to its schedule 
of specific commitments under the Agreement.  
 
29 New commitments are made in veterinary services (CPC 932) . 
30 New commitments are made in services relating to ships and aircraft (CPC 83103 -83104 ). 
31 New commitments are made in advertising services (CPC 871); market research and public opinion 
polling services (CPC 864); placement and supply services of personnel (CPC 872); building -cleaning services 
(CPC 874); packaging services (CPC 876); convention services (CPC part of 87909) ; translation and 
interpretation services (CPC 87905) ; mailing list compilation and mailing services (CPC 87906) . 
32 As under the GATS, the courier services sub -sector includes express delivery services, except for the 
services specified in Samoa's schedule  of specific commitments under PACER Plus (Annex 7 -A). 
33 Under the Agreement, as under the GATS, Samoa's commitments in telecommunication services 
excludes b roadcasting , which is defined as the uninterrupted chain of transmission required for the distribution 
of television and radio program signals to the gener al public but does not cover contribution links between 
operators.  WT/REG451/1/Add. 1 
 
- 19 - 
 
  3.9.  As under the GATS, it has no commitments for postal and other communication services.  
3.5  Construction and related engineering servic es 
3.10.  In construction and related engineering  services, Samoa maintains its GATS commitments . 
As under the GATS, incorporation in Samoa is required for the supply of general construction work 
for buildings and for civil engineering (CPC 512 and 513, according ly), while no commitments are 
undertaken in installation and assembly work, building completion and finishing work, and other 
construction and related engineering  services  (CPC 514+516, 517, 511+515+518, respectively).  
3.6  Distribution services  
3.11.  In distribution services, Samoa overall improves the scope of its commitments with new 
partial undertakings in wholesale trade services, while, in comparison to the GATS, alcohol and 
tobacco are excluded from the scope of distribution services under the Ag reement. As under the 
GATS, no commitments are made in retailing and other distribution services sub -sectors.  
3.7  Educational services  
3.12.  Under the Agreement, Samoa maintains its GATS commitments in educational services with 
no market access or national treatme nt limitations for the supply of educational services in private 
institutions.  
3.8  Environmental services  
3.13.  In environmental  services, Samoa maintains its GATS commitments , which require a joint 
venture with a local partner.  
3.9  Financial services  
3.14.  As under the GA TS services supplied in the exercise of governmental authority34 are excluded 
from Samoa's  commitments in financial services under PACER Plus . Samoa maintains its GATS 
commitments  in banking and other financial services and in most of  insurance and insuran ce related 
services,  while improving  its commitments for the supply of s ervices auxiliary to insurance such as 
consultancy, actuarial, risk assessment and claim settlement services, where no market access or 
national treatment limitations are scheduled in comparison to its GATS schedule.  As under the GATS, 
no commitments are made in other financial services sub -sector.  
3.10  Health related and social services  
3.15.  In comparison to the GATS, Samoa makes new partial commitments in hospital services 
provided by private ly-owned institutions (part of CPC 93110**).  
3.11  Tourism and travel related services  
3.16.  In tourism and travel related services, Samoa maintains its GATS commitments, with no 
commitments  for tour agencies, tourist guides and other tourism and travel related servi ces. 
3.17.  As under the GATS, incorporation in Samoa is required for the supply of hotel and restaurant 
services, while the cross -border supply of tour operators services remains unbound.  
3.12  Recreational and cultural and sporting services  
3.18.  In recreational and cult ural and sporting services, Samoa improves its GATS commitments in 
cinema theatre operation services and makes new commitments in news agency services; libraries, 
 
34 This refers to activities: (i) conducted by a central bank or monetary authority or by any other public 
entity in pursuit of monetary or exchange rate policies; (ii) forming part of a sta tutory system of social security 
or public retirement plans; and (iii) other activities conducted by a public entity for the account or with the 
guarantee or using the financial resources of the government.  WT/REG451/1/Add.1  
 
- 20 - 
 
  archives, museums; and sporting and other recreational services, excluding gambling and betti ng 
(CPC 962, 9631, 96321, part of 964, respectively).  
3.13  Transport services  
3.19.  Samoa generally improves its GATS commitments in transport services sector with new 
commitments in maritime transportation35 and services auxiliary to all modes of transport. Moreove r, 
it improves its commitments with partial liberalization in maritime transportation services .36 
3.20.  As under the GATS, Samoa does not schedule any commitments in internal waterways, air, 
space, rail, road, pipeline and other transport services . 
3.14  Other Services not Included Elsewhere  
3.21.  As under the GATS, Samoa does not schedule any commitments in other services not included 
elsewhere.  
4  SOLOMON  ISLANDS  
4.1  Horizontal commitments  
4.1.  As under the GATS, the Solomon Islands has broad reservations on the investment and 
ownership of land. In addition, under PACER Plus the Solomon Islands reserve s the right to maintain  
any measure on (i) the devolution to the private sector of services provided in the exercise of 
Governmental authority at the date of entry into force of th e Agreement; (ii) sale or disposal of 
Government owned entities or assets; and (iii) the provision of law enforcement and correctional 
services, and specific social services37 established or maintained for a public purpose.  
4.2.  Its MFN exemptions  in Annex I to  the Agreement, are broader than those under the GATS. 
Under PACER Plus , the Solomon Islands' MFN exemptions include any measure that accords more 
favourable treatment under any bilateral or multilateral agreement (i) in force or signed prior  to the 
entry into force of PACER Plus (including any modification or amendment of such agreements)38; (ii) 
in force or signed after the entry into force of PACER Plus with specific list of countries39 or which 
covers aviation, fisheries, or maritime matters, including salvage. MFN treatment is not extended to 
the supply of law enforcement, correctional and other social services, and cultural industries.  
4.2  Sector -specific commitments  
4.3.  The following section  identifies some of the main differences, by sector, between the Solomon 
Islands' specific commitments under the GATS and its sector -specific commitments under the 
Agreement. While under the GATS, the Solomon Islands ha s made commitments in four40 out of 
twelve sectors in the WTO Services Sectoral Classification, under PACER Place its commitments cover 
nine out of twelve sectors with new commitments in communication, distribution, education, 
environmental and transport services sectors.  
 
35 New commitments are made for the supply of main tenance and repair of vessels (part of CPC 8868) 
and in maritime auxiliary services as defined in the Annex to Samoa's schedule of specific commitments under 
PACER Plus.  
36 This refers to liner shipping and bulk, tramp, and other international shipping, inc luding passenger 
transportation.  Cabotage is not covered, as under the GATS.  
37 Income security or insurance, social security or insurance, social welfare, public education, public 
training, health, child care, public utilities, public transport and public housing (Schedule of specific 
commitments of Solomon Islands, Annex 7 -A to PACER Plus).  
38 This includes measures adopted or maintained under any existing or future amendments to the Pacific 
Island Countries Trade Agreement (PICTA) or, similar to the Solomo n Islands' MFN exemption under the GATS, 
to the Melanesian Spearhead Group (MSG) Agreement . 
39 This applies to Least Developed Countries as classified by the United Nations and the Pacific Island 
Countries and territories that are not party to PACER Plus ( American Samoa, Commonwealth of the Northern 
Mariana Islands, French Polynesia, Guam, New Caledonia, Pitcairn, Tokelau, and Wallis and Futuna ). 
40 Under the GATS, the Solomon Islands schedule commitments in business, construction, financial and 
tourism servi ces sectors.  WT/REG451/1/Add. 1 
 
- 21 - 
 
  4.4.  Table 4.1 provides an overview of specific commitments in modes 1 -3 under the Agreement. 
Horizontal limitations and MFN reservations are not taken into account in the table which should be 
read in conjunction with the respective part of Annex es I, 7-A and 8 -A.  
Table 4.1 Solomon Islands: Sector specific commitments in trade in services under 
PACER Plus  
Sectors  
Sub-sectors  
PACER Plus 
as compared 
to GATS  PACER Plus  GATS  
Sectoral 
coverage  Commit -
mentsa Sectoral 
coverage  Commit -
mentsa 
1. Business services       
A. Professional  Services  Improved  Partial  Partial  Partial  Partial  
B. Computer  and Related  Services  New Full Full --- --- 
C. Research  and Development  Services  New Full Full --- --- 
D. Real  Estate  Services  Same  --- --- --- --- 
E. Rental/Leasing  Services  without  Operators  Same  --- --- --- --- 
F. Other   New Partial  Full --- --- 
2. Communication services       
A. Postal  services  Same  --- --- --- --- 
B. Courier  services  New Full Full --- --- 
C. Telecommunication  services  New Partial  Full --- --- 
D. Audiovisual  services  Same  --- --- --- --- 
E. Other  Same  --- --- --- --- 
3. Construction and related engineering 
services       
A. General  construction  work for buildings  Same  Full Partial  Full Partial  
B. General  construction  work for civil 
engineering  Similar  Full Partial  Full Partial  
C. Installation  and assembly  work  New  Full Partial  --- --- 
D. Building  completion  and finishing  work  New  Full Partial  --- --- 
E. Other  Same  --- --- --- --- 
4. Distribution services       
A. Commission  agents'  services  New Partial  Full --- --- 
B. Wholesale  trade services  New Partial  Full --- --- 
C. Retailing  services  Same  --- --- --- --- 
D. Franchising  Same  --- --- --- --- 
E. Other  Same  --- --- --- --- 
5. Educational  services       
A. Primary education services  Same  --- --- --- --- 
B. Secondary education services  New Partial  Full --- --- 
C. Higher education services  New Partial  Full --- --- 
D. Adult education  New Partial  Full --- --- 
E. Other  New Partial  Full --- --- 
6. Environmental services       
A. Sewage services  New Partial  Full --- --- 
B. Refuse disposal services  New Partial  Full --- --- 
C. Sanitation and similar services  New Partial  Full --- --- 
D. Other  Same  --- --- --- --- 
7. Financial services       
A. All insurance  and insurance -related  services  Same  Full  Full  Full  Full  
B. Banking  and other  financial  services  Same  Full  Full  Full  Full  
C. Other  Same  --- --- --- --- 
8. Health related and social services       
A. Hospital services  Same  --- --- --- --- 
B. Other Human Health Services  Same  --- --- --- --- 
C. Social Services  Same  --- --- --- --- 
D. Other  Same  --- --- --- --- 
9. Tourism and travel related services       WT/REG451/1/Add.1  
 
- 22 - 
 
  Sectors  
Sub-sectors  
PACER Plus 
as compared 
to GATS  PACER Plus  GATS  
Sectoral 
coverage  Commit -
mentsa Sectoral 
coverage  Commit -
mentsa 
A. Hotels  and restaurants (including catering)  Narrower  Partial  Partial  Full Full 
B. Travel  agencies  and tour operators  services  New Partial  Full --- --- 
C. Tourist  guides  services  Same  --- --- --- --- 
D. Other  Same  --- --- --- --- 
10. Recreational and cultural and sporting 
services       
A. Entertainment  services  Same  --- --- --- --- 
B. News agency services  Same  --- --- --- --- 
C. Libraries, archives, museums and other 
cultural services  Same  --- --- --- --- 
D. Sporting and other recreational services  Same  --- --- --- --- 
E. Other  Same  --- --- --- --- 
11. Transport services       
A. Maritime Transport Services  New Partial  Partial  --- --- 
B. Internal Waterways Transport  Same  --- --- --- --- 
C. Air Transport  Services  New Partial  Full --- --- 
D. Space  Transport  Same  --- --- --- --- 
E. Rail  Transport  Services  Same  --- --- --- --- 
F. Road  Transport  Services  Same  --- --- --- --- 
G. Pipeline  Transport  Same  --- --- --- --- 
H. Services  auxiliary  to all modes  of transport  New Partial  Partial  --- --- 
I. Other   Same  --- --- --- --- 
12. Other Services not Included Elsewhere  Same  --- --- --- --- 
General Note: MFN and Horizontal limitations, as well as Mode 4 commitments/limitations are not included.  
a The column refers only to commitments in sectors or sub -sectors covered under the Agreement.  
Full: Specific commitments not subject to market access or national treatment limitation(s).  
Partial:  Specific commitm ents subject to some market access or national treatment limitation(s).  
New: New commitments full or partial, with or without limitations.  
Improved:  Overall improved commitments under the Protocol compared to those under the GATS.  
Narrower:  Some additional limitations (as compared to GATS commitments).  
Similar:  Similar liberalization, in individual cases, with limited improvements and/or limited additional 
reservations.   
--- : No specific commitments; sector or sub -sector excluded from the Agreeme nt. 
Source:  The Solomon Islands'  GATS Schedule of Specific Commitments (GATS/SC/117) and t he Solomon 
Islands'  schedule of specific commitments under PACER Plus (Annex 7 -A to PACER Plus).  
 
4.3  Business services  
4.5.  In comparison to the GATS, the Solomon Islands imp roves its commitments in business 
services sector by making new commitments in computer and related services, research and 
development, and certain other business services41. Moreover, the scope of professional services is 
improved with new commitments in taxation, integrated engineering, medical and dental, and 
veterinary services.  
4.6.  As under the GATS, it has no commitments in real estate and rental/leasing without operators 
services.  
 
41 New commitments are made in a dvertising services (CPC 871); market research and public opinion 
polling services (CPC 864); management consulting service  (CPC 865); s ervices related to management 
consulting  (CPC 866); t echnical testing and analysis  services (CPC 8676); r elated scientific and technical 
consulting services  (CPC 8675); p hotographic services  (CPC 875); p ackaging services (CPC 876); printing, 
publishing  (CPC 88442 ); convention services (part of CPC 87909) . WT/REG451/1/Add. 1 
 
- 23 - 
 
  4.4  Communication services  
4.7.  In comparison to the  GATS , the Solomon Islands make s new  commitments in courier  and 
telecommunication42 services, including additional commitments as indicated in the Reference Paper 
on telecommunications attached to its schedule of specific commitments under the Agreement.  
4.8.  As under the GATS, there are no commitments for postal , audiovisual and other communication 
services sub -sectors.  
4.5  Construction and related engineering services  
4.9.  The Solomon Islands generally improves its GATS commitments in construction and related 
engineering services sector through ne w commitments in installation and assembly work and 
building completion and finishing work services (CPC 514+516 and 517, respectively). Under the 
Agreement, similar to the GATS, cross -border supply is unbound due to lack of technical feasibility. 
As under  the GATS, there are no commitments in other construction and related engineering 
services.  
4.6  Distribution services  
4.10.  The Solomon Islands takes new commitments in commission agents' and wholesale services 
(CPC 621, 622; parts of 61111, 6113, 6121), excluding distribution services relating to alcohol, 
tobacco, handicrafts and cultural art crafts, and gold. As under the GATS, it has no commitments in 
retailing, franchising and other distribution services sub -sectors.  
4.7  Educational services  
4.11.  New commitments are made in secondary, higher, adult and other education services 
provided by privately owned institutions (part of CPC 922, 923, 924 and 929, accordingly). As under 
the GATS, the Solomon Islands has no commitments in primary education services . 
4.8  Environmental services  
4.12.  In comparison to the GATS, the Solomon Islands undertakes new commitments for 
consultancy for the provision of the following environmental services: sewage, refuse disposal, 
sanitation and similar services (parts of CPC 9401, 9402 and 9403, respectively).  
4.9  Financial services  
4.13.  As under the GATS, services supplied in the exercise of governmental authority43 are excluded 
from the Solomon Islands'  commitments in financial services under PACER Plus . It maintain s its 
GATS commitments  in insurance and insurance related, and banking and other financial services 
sub-sectors (CPC 812, 811 -813, respectively)  with no market access or national treatment 
limitations in PACER Plus. As under the GATS, there are no commitments in other financial services.  
4.10  Health related and social services  
4.14.  As under the GATS, the Solomon Islands has no commitments in health and social services 
sector under the Agreement.  
4.11  Tourism and travel related services  
4.15.  In comparison to the GATS, the Solomon Islands makes ne w commitments in travel agency 
services, excluding tour operator services (part of CPC 7471). In hotels and restaurants, including 
 
42 Under the Agreement, the Solomon Islands' commitments in telecommunication services excludes 
other telecommunication services . 
43 This refers to activities: (i) conducted by a central bank or monetary authority or by any other public 
entity in pursuit of m onetary or exchange rate policies; (ii) forming part of a statutory system of social security 
or public retirement plans; and (iii) other activities conducted by a public entity for the account or with the 
guarantee or using the financial resources of the government.  WT/REG451/1/Add.1  
 
- 24 - 
 
  catering, services, under the GATS the Solomon Islands has no market access or national treatment 
limitations, while under th e Agreement the cross -border supply of such services is unbound due to 
lack of technical feasibility, with restaurants, cafes and other eating and drinking establishments of 
less than 25m2 being excluded from the scope of the commitments. As under the GATS , there are 
no commitments in tourist guides and other tourism and travel related services under the 
Agreement.  
4.12  Recreational and cultural and sporting services  
4.16.  As under the GATS, the Solomon Islands has no commitments in recreational and cultural and 
sporting services sector under the Agreement.  
4.13  Transport services  
4.17.  In comparison to the GATS, the Solomon Islands make s new commitments in transport 
services sector under PACER Plus.  In maritime transport services, new partial commitments are 
made for the sup ply of international transport (freight and passenger), excluding cabotage (CPC 
7211, 7212), maintenance and repair of vessels (part of CPC 8868) and certain maritime auxiliary 
services44. In air transport services, as defined by Chapter 7 (trade in servic es), the scope of new 
commitments is broader than  under the GATS as it also includes ground handling and specialty air 
services45, where no market access or national treatment limitations are listed.  In services auxiliary 
to all modes of transport , new com mitments with no market access or national treatment limitations  
are scheduled for the supply of cargo -handling46, storage and warehouse47, and freight transport 
agency48 services. As under the GATS, the re are no  commitments in internal waterways, space, r ail, 
road, pipeline and other transport services.  
4.14  Other Services not Included Elsewhere  
4.18.  As under the GATS, the Solomon Islands has no commitments in other services not included 
elsewhere under  the Agreement.  
5  TONGA  
5.1  Horizontal commitments  
5.1.  Under the Agreement, like the GATS, Tonga has broad reservations on the investment and the 
ownership of land. In addition, under PACER Plus Tonga reserves the right to maintain  any measure 
on (i) the devolution to the private sector of services provided in  the exercise of governmental 
authority at the date of entry into force of the Agreement; (ii) sale or disposal of government owned 
entities or assets; and (iii) the provision of law enforcement and correctional services, and specific 
social services49 established or maintained for a public purpose.  
5.2.  Tonga's MFN exemptions  in Annex I are broader than those under the GATS. Under PACER 
Plus, Tonga's MFN exemptions include any measure that accords more favourable treatment under 
any bilateral or multilateral ag reement (i) in force or signed prior  to the entry into force of PACER 
Plus (including any modification or amendment of such agreements)50; (ii) in force or signed after 
 
44 Container station and depot services, maritime freight forwarding services, storage and warehousing 
services, and maritime agency services as defined in the Annex to the Solomon Islands'  schedule of specific 
commitments under PACER Plus . 
45 Specialty air services means any non -transportation air services such as aerial firefighting, 
sightseeing, spraying, surveying, mapping, photography, parachute jumping, glider towing, and helicopter -lift 
for logging and construction, and other airborne agric ultural, industrial, and inspection services  (Article 1 of 
Chapter 7).  
46 Except maritime and air cargo handling services (part of CPC 741).  
47 Except maritime storage and warehouse services (part of CPC 742).  
48 Except maritime freight transport agency servi ces (part of CPC 748).  
49 Income security or insurance, social security or insurance, social welfare, public education, public 
training, health, child care, public utilities, public transport and public housing (Schedule of specific 
commitments of Tonga, An nex 7 -A to PACER Plus).  
50 This includes measures adopted or maintained under any existing or future amendments to the Pacific 
Island Countries Trade Agreement (PICTA).  WT/REG451/1/Add. 1 
 
- 25 - 
 
  the entry into force of PACER Plus with specific list of countries51 or which covers av iation, fisheries, 
or maritime matters, including salvage. MFN treatment is not extended to the supply of law 
enforcement, correctional and social services established or maintained for a public purpose . As 
under the GATS, Tonga maintains its MFN exemption s related to the supply of audiovisual services.  
5.2  Sector -specific commitments  
5.3.  The following section identifies some of the main differences, by sector, between Tonga's 
specific commitments under the GATS and under the Agreement. Tonga has made commitments 
under both the GATS and PACER Plus in eleven out of twelve sectors in the WTO Services Sectoral 
Classification.  
5.4.  Table  5.1 provides an overview of its specific commitments in modes 1 -3 under the Agreement. 
Horizontal limitations and MFN reservations are not taken into account in the table which should be 
read in conjunction with the respective part of Annex es I, 7-A and 8 -A.  
Table 5.1 Tonga: Sector specific commitments in trade in services under PACER Plus  
Sectors  
Sub-sectors  
PACER Plus 
as compared 
to GATS  PACER Plus  GATS  
Sectoral 
coverage  Commit -
mentsa Sectoral 
coverage  Commit -
mentsa 
1. Business services       
A. Professional  Services  Improved  Partial  Full  Partial  Full  
B. Computer  and Related  Services  Same  Full  Full  Full  Full  
C. Research  and Development  Services  Same  Full  Full  Full  Full  
D. Real  Estate  Services  New Full Partial  --- --- 
E. Rental/Leasing  Services  without  Operators  New  Partial  Full  --- --- 
F. Other   Improved  Partial  Full  Partial  Full  
2. Communication services       
A. Postal  services  Same  Partial  Full  Partial  Full  
B. Courier  services  Same  Full  Full  Full  Full  
C. Telecommunication  services  Same  Full  Full  Full  Full  
D. Audiovisual  services  Same  Partial  Partial  Partial  Partial  
E. Other  Same  --- --- --- --- 
3. Construction and related engineering 
services       
A. General  construction  work for buildings  Same  Full  Full  Full  Full  
B. General  construction  work for civil 
engineering  Same  Full  Full  Full  Full  
C. Installation  and assembly  work  Same  Full  Full  Full  Full  
D. Building  completion  and finishing  work  Same  Full  Full  Full  Full  
E. Other  Same  Full  Full  Full  Full  
4. Distribution services       
A. Commission  agents'  services  Narrower  Partial  Partial  Full Partial  
B. Wholesale  trade services  Narrower  Partial  Partial  Full Partial  
C. Retailing  services  Narrower  Partial  Partial  Partial  Partial  
D. Franchising  Narrower  Partial  Full Full Full 
E. Other  Same  --- --- --- --- 
5. Educational  services       
A. Primary education services  Same  Full  Full  Full  Full  
B. Secondary education services  Same  Full  Full  Full  Full  
C. Higher education services  Same  Full  Full  Full  Full  
D. Adult education  Same  Full  Full  Full  Full  
E. Other  Same  Full  Full  Full  Full  
 
51 This applies to LDCs as classified by the United Nations and the Pacific Island Countr ies and territories 
that are not party to PACER Plus ( American Samoa, Commonwealth of the Northern Mariana Islands, French 
Polynesia, Guam, New Caledonia, Pitcairn, Tokelau, and Wallis and Futuna ). WT/REG451/1/Add.1  
 
- 26 - 
 
  Sectors  
Sub-sectors  
PACER Plus 
as compared 
to GATS  PACER Plus  GATS  
Sectoral 
coverage  Commit -
mentsa Sectoral 
coverage  Commit -
mentsa 
6. Environmental services       
A. Sewage services  Same  Full  Full  Full  Full  
B. Refuse disposal services  Same  Full  Full  Full  Full  
C. Sanitation and similar services  Same  Full  Full  Full  Full  
D. Other  Same  Full  Full  Full  Full  
7. Financial services       
A. All insurance  and insurance -related  services  Improved  Full Full Partial  Full 
B. Banking  and other  financial  services  Same  Full Full Full Full 
C. Other  Same  --- --- --- --- 
8. Health related and social services       
A. Hospital services  Same  Full Full Full Full 
B. Other Human Health Services  New Full Full --- --- 
C. Social Services  New  Full Full --- --- 
D. Other  Same  --- --- --- --- 
9. Tourism and travel related services       
A. Hotels  and restaurants (including catering)  Same  Full Partial  Full Partial  
B. Travel  agencies  and tour operators  services  New Full Full --- --- 
C. Tourist  guides  services  New  Full Full --- --- 
D. Other  Same  --- --- --- --- 
10. Recreational and cultural and sporting 
services       
A. Entertainment  services  Improved  Partial  Full Partial  Full 
B. News agency services  Same  --- --- --- --- 
C. Libraries, archives, museums and other 
cultural services  New  Full Full --- --- 
D. Sporting and other recreational services  New  Partial  Full --- --- 
E. Other  Same  --- --- --- --- 
11. Transport services       
A. Maritime Transport Services  Improved  Partial  Partial  Partial  --- 
B. Internal Waterways Transport  Same  --- --- --- --- 
C. Air  Transport  Services  Improved  Partial  Full  Partial  Full  
D. Space  Transport  Same  --- --- --- --- 
E. Rail  Transport  Services  Same  --- --- --- --- 
F. Road  Transport  Services  Same  --- --- --- --- 
G. Pipeline  Transport  Same  --- --- --- --- 
H. Services  auxiliary  to all modes  of transport  Improved  Partial  Partial  Partial  Full  
I. Other   Same  --- --- --- --- 
12. Other Services not Included Elsewhere  Same  --- --- --- --- 
General Note: MFN and Horizontal limitations, as well as Mode 4 commitments/limitations are not included.  
a The column refers only to commitments in sectors or sub -sectors covered under the Agreement.  
Full: Specific commitments not subject to market access or national treatment limitation(s).  
Partial:  Specific commitments subject to some market access or national treatment limitation(s).  
New: New commitments full or partial, with or without limitations.  
Improved:  Overall improved commitments under the Protocol compared to those under the GATS.  
Narrower:  Some additional limitations (as compared to GATS commitments).  
--- : No specific commitments; sector or sub -sector excluded from the Agreement  or unbound . 
Source:  Tonga's GATS Schedule of Specific Commitments (GATS/SC/143) and Tonga's schedule o f specific 
commitments under PACER Plus (Annex 7 -A to PACER Plus).  
 WT/REG451/1/Add. 1 
 
- 27 - 
 
  5.3  Business services  
5.5.  In comparison to the GATS, Tonga improves its commitments  overall  in business services under 
PACER Plus, particularly by broadening the scope of its commitments in profes sional52 and other 
business services53. Under the Agreement, new commitments are undertaken in real estate and 
rental/leasing services without operators, except for the supply of services relating to other transport 
equipment, services.  
5.4  Communication servi ces 
5.6.  Under the Agreement, Tonga maintains its GATS commitments in communication services, 
including additional commitments in telecommunication services as indicated in the reference paper 
attached to its schedule of specific commitments under the GATS and the Agreement.  
5.7.  As under the GATS, there are no market access or national treatment limitations for the supply 
of telecommunication services, courier services and consultancy related to the provision of postal 
services. In audiovisual services, Tonga maint ains broad national treatment reservations with 
broadcasting remaining excluded for radio and television programmes. As under the GATS, no 
commitments are scheduled for other communication services sub -sector.  
5.5  Construction and related engineering services  
5.8.  Tonga maintains its GATS commitments in the Agreement in construction and related 
engineering services with no market access or national treatment limitations in any of the related 
sub-sectors.  
5.6  Distribution services  
5.9.  While maintaining most of its GATS mar ket access and national treatment limitations, Tonga 
schedules new limitations on the scope by excluding distribution services for alcohol, tobacco, green 
and mature coconuts and handicrafts from its commitments under the Agreement. In retailing 
services, (the sale of goods for final consumption under PACER Plus), commercial presence remains 
unbound for the supply of food retailing services (CPC 631), while no market access or national 
treatment limitations are scheduled for the provision of non -food retail ing services (part of CPC 632), 
except for sales of used motor vehicles. As under the GATS, no commitments are scheduled for 
other distribution  services.  
5.7  Educational services  
5.10.  Under the Agreement, Tonga maintains its GATS commitments in  educational services with 
no market access or national treatment limitations in any of the related sub -sectors.  
5.8  Environmental services  
5.11.   Under the Agreement, Tonga maintains its GATS commitments in  environmental services 
with no market access or national treatment limitations in any of the related sub -sectors, including 
in other environmental services54. 
 
52 New commitments are made in taxation services and servic es provided by midwives, nurses, 
physiotherapists and paramedical personnel (CPC 863 and 93191, accordingly).  
53 New commitments are made in m arket research and public opinion polling services (CPC 864); 
services incidental to fishing , mining, manufacturing, energy distribution (CPC 882, 883+5115, 884+885 
(except 88442), 887, accordingly); p lacement and supply services of personnel (CPC 872); maintenance and 
repair of equipment (not including maritime vessels, aircraft or other transport equipment)  (CPC 633+8861 -
8866); building -cleaning services (CPC 874); photographic services (CPC 875); packaging services (CPC 876); 
convention services (CPC part of 87909); and other business services  (CPC 8790) . 
54 As under the GATS, this refers  to Tonga's scheduled commitments for the supply of:  services to 
reduce exhaust gases and other emissions and improve air quality (CPC 9404); noise abatement services (CPC 
9405); treatment, remediation of contaminated/polluted soil and water, nature and l andscape protection 
services (CPC 9406); other environmental protection services not classified elsewhere (CPC 9409) . WT/REG451/1/Add.1  
 
- 28 - 
 
  5.9  Financial services  
5.12.  As under the GATS, services supplied in the exercise of Governmental authority55 are excluded 
from Tonga's commitments in financial services under PACER Plus. While broadening the scope  of 
insurance and insurance related services56, Tonga maintains its GATS commitments with no market 
access or national limitations for the supply of  financial services under PACER Plus.  As under the 
GATS, no commitments are made in other financial services.  
5.10  Health related and social services  
5.13.  In comparison to the GATS, Tonga improves its commitments in health related and social 
services by making new co mmitments in other human health and social services, where no market 
access or national limitations are scheduled . As under the GATS, no commitments are made in other 
health related and social services .  
5.11  Tourism and travel related services  
5.14.  While maintaini ng its GATS commitments in hotels and restaurants, travel agencies and tour 
operator services, Tonga undertakes new commitments in tourist guide services with no market 
access or national limitations . As under the GATS, no commitments are made in other tourism and 
travel related services .  
5.12  Recreational and cultural and sporting services  
5.15.  As an improvement to its GATS commitments, under the Agreement Tonga does not schedule 
any market access or national limitations  for the supply of cinema theatre operation services (part 
of 96199); libraries, archives, museums, and other cultural services (CPC 963); and sporting and 
other recreational services, excluding gambling and betting (part of CPC 964). As under the GATS, 
no commitments are made in other recreational and cultural and sporting services .  
5.13  Transport services  
5.16.  In comparison to the GATS, Tonga  generally improves its commitments in transport services 
sector under PACER Plus.  In maritime transport services, new partial commitments are made for the 
supply of i nternational transport (freight and passenger), excluding cabotage (CPC 7211, 7212), and 
certain maritime auxiliary services57. In air transport services, as defined by Chapter 7 (trade in 
services), Tonga broadens the scope of its GATS commitments by scheduling new  undertakings in 
selling and marketing of air transport services and specialty air services58, with no market access or 
national treatment limitations.  In services auxiliary to all modes of transport, new commitments with 
no market access or national treatment limitations are scheduled for the supply of maritime auxiliary 
services59. As under the GATS, Tonga does not schedule any commitments in internal waterways, 
space, rail, road, pipeline and other transport services.  
 
55 This refers to activities: (i) conducted by a central bank or monetary authority or by any other public 
entity in pursuit of monetary or  exchange rate policies; (ii) forming part of a statutory system of social security 
or public retirement plans; and (iii) other activities conducted by a public entity for the account or with the 
guarantee or using the financial resources of the government . 
56 In comparison to the GATS, new liberalization commitments are added by Tonga for the supply of 
services auxiliary to insurance (including broking and agency services) under PACER Plus.  
57 Customs clearance services, container station and depot services,  maritime freight forwarding 
services, maritime cargo handling services, storage and warehousing services, and maritime agency services 
as defined in the Annex to Tonga's  schedule of specific commitments under PACER Plus . 
58 Specialty air services means any  non-transportation air services such as aerial firefighting, 
sightseeing, spraying, surveying, mapping, photography, parachute jumping, glider towing, and helicopter -lift 
for logging and construction, and other airborne agricultural, industrial, and inspe ction services  (Article 1 of 
Chapter 7).  
59 Suppliers of international maritime transport services are required to go through a local agent 
established in Tonga.  WT/REG451/1/Add. 1 
 
- 29 - 
 
  5.14  Other Services not Inc luded Elsewhere  
5.17.  As under the GATS, Tonga does not schedule any commitments in other services not included 
elsewhere . 
6  VANUATU  
6.1  Horizontal commitments  
6.1.  Under the Agreement  and the GATS, Vanuatu has broad reservations on the investment and 
the ownership of lan d. In addition, under PACER Plus it reserves the right to maintain  any measure 
with respect to (i) the devolution to the private sector of services provided in the exercise of 
governmental authority at the date of entry into force of the Agreement; (ii) sa le or disposal of 
government owned entities or assets; and (iii) the provision of law enforcement and correctional 
services, and specific social services60 established or maintained for a public purpose.  
6.2.  Vanuatu's MFN exemptions in Annex I are broader than  those under the GATS. Under PACER 
Plus, Vanuatu's MFN exemptions include any measure that accords more favourable treatment under 
any bilateral or multilateral agreement (i) in force or signed prior the entry into force of PACER Plus 
(including any modifi cation or amendment of such agreements)61; (ii) in force or signed after the 
entry into force of PACER Plus with specific list s of countries62 or which covers aviation, fisheries, or 
maritime matters, including salvage. MFN treatment is not extended to the  supply of law 
enforcement, correctional and other social services, and cultural industries.  
6.2  Sector -specific commitments  
6.3.  The following section identifies some of the main differences, by sector, between Vanuatu's 
specific commitments under the GATS and und er the Agreement. In comparison to its GATS 
schedule, Vanuatu has commitments under PACER Plus in eleven out of twelve sectors in the WTO 
Services Sectoral Classification, expanding the coverage of its liberalization commitments on 
recreational, cultural a nd sporting services sectors.  
6.4.  Table 6 .1 provides  an overview of Vanuatu's  specific commitments in modes 1 -3 under the 
Agreement. Horizontal limitations and MFN reservations are not taken into account in the table which 
should be read in conjunction with the respective part of Annex es I, 7-A and 8 -A.  
Table 6.1 Vanuatu: Sector specific commitments in trade in services under PACER Plus  
Sectors  
Sub-sectors  
PACER Plus 
as compared 
to GATS  PACER Plus  GATS  
Sectoral 
coverage  Commit -
mentsa Sectoral 
coverage  Commit -
mentsa 
1. Business services       
A. Professional  Services  Improved  Partial  Partial  Partial  Partial  
B. Computer  and Related  Services  Same  Full  Full  Full  Full  
C. Research  and Development  Services  New  Full  Full  --- --- 
D. Real  Estate  Services  Same  ---  ---  --- --- 
E. Rental/Leasing  Services  without  Operators  New  Partial  Full  --- --- 
F. Other   Improved  Partial  Full  Partial  Full  
2. Communication services       
 
60 Income security or insurance, social security or insurance, social welfare, public education,  public 
training, health, child care, public utilities, public transport and public housing (Schedule of specific 
commitments of Vanuatu, Annex 7 -A to PACER Plus).  
61 This includes measures adopted or maintained under any existing or future amendments to th e Pacific 
Island Countries Trade Agreement (PICTA); any bilateral arrangement with the State of New Caledonia ; or, 
similar to Vanuatu's  MFN exemption under the GATS, to the Melanesian Spearhead Group (MSG) Agreement . 
62 This applies to LDCsclassified by the United Nations and the Pacific Island Countries and territories 
that are not party to PACER Plus ( American Samoa, Commonwealth of the Northern Mariana Islands, French 
Polynesia, Guam, New Caledonia, Pitcairn, Tokelau,  and Wallis and Futuna ). WT/REG451/1/Add.1  
 
- 30 - 
 
  Sectors  
Sub-sectors  
PACER Plus 
as compared 
to GATS  PACER Plus  GATS  
Sectoral 
coverage  Commit -
mentsa Sectoral 
coverage  Commit -
mentsa 
A. Postal  services  Same  ---  ---  --- --- 
B. Courier  services  Same  Full  Full  Full  Full  
C. Telecommunication  services  Same  Full  Full  Full  Full  
D. Audiovisual  services  Same  Partial  Partial  Partial  Partial  
E. Other  Same  ---  ---  --- --- 
3. Construction and related engineering 
services       
A. General  construction  work for buildings  Same  Full  Full  Full  Partial   
B. General  construction  work for civil 
engineering  Same  Full  Full  Full  Partial   
C. Installation  and assembly  work  Same  ---  ---  --- --- 
D. Building  completion  and finishing  work  Same  ---  ---  --- --- 
E. Other  Same  ---  ---  --- --- 
4. Distribution services       
A. Commission  agents'  services  Similar  Partial  Full  Full  Partial  
B. Wholesale  trade services  Similar  Partial  Partial  Full  Partial  
C. Retailing  services  Similar  Partial  Partial  Full  Partial  
D. Franchising  Similar  Partial  Full  Full  Full 
E. Other  Same  ---  ---  --- --- 
5. Educational  services       
A. Primary education services  Same  Full  Partial  Full  Partial  
B. Secondary education services  Same  Full  Partial  Full  Partial  
C. Higher education services  Same  Full  Partial  Full  Partial  
D. Adult education  Same  Full  Partial  Full  Partial  
E. Other  Same  Full  Partial  Full  Partial  
6. Environmental services       
A. Sewage services  Same  Full  Partial  Full  Partial  
B. Refuse disposal services  Same  Full  Partial  Full  Partial  
C. Sanitation and similar services  Same  Full  Partial  Full  Partial  
D. Other  New  Partial  Full  --- --- 
7. Financial services       
A. All insurance  and insurance -related  services  Same  Full  Full  Full  Full  
B. Banking  and other  financial  services  Same  Full  Partial  Full  Partial  
C. Other  Same  ---  ---  --- --- 
8. Health related and social services       
A. Hospital services  Same  Full  Partial  Full  Partial  
B. Other Human Health Services  Same  ---  ---  --- --- 
C. Social Services  Same  Full  Full  Full  Full  
D. Other  Same  ---  ---  --- --- 
9. Tourism and travel related services       
A. Hotels  and restaurants (including catering)  Same  Full  Partial  Full  Partial  
B. Travel  agencies  and tour operators  services  Same  Partial  Full  Partial  Full  
C. Tourist  guides  services  Same  ---  ---  --- --- 
D. Other  Same  ---  ---  --- --- 
10. Recreational and cultural and sporting 
services       
A. Entertainment  services  New  Full  Full  --- --- 
B. News agency services  New  Full  Full  --- --- 
C. Libraries, archives, museums and other 
cultural services  Same  ---  ---  --- --- 
D. Sporting and other recreational services  New  Partial  Full  --- --- 
E. Other  Same  ---  ---  --- --- 
11. Transport services       
A. Maritime Transport Services  New  Partial  Partial  --- --- WT/REG451/1/Add. 1 
 
- 31 - 
 
  Sectors  
Sub-sectors  
PACER Plus 
as compared 
to GATS  PACER Plus  GATS  
Sectoral 
coverage  Commit -
mentsa Sectoral 
coverage  Commit -
mentsa 
B. Internal Waterways Transport  Same  ---  ---  --- --- 
C. Air  Transport  Services  Improved  Partial  Full  Partial  Full  
D. Space  Transport  Same  ---  ---  --- --- 
E. Rail  Transport  Services  Same  ---  ---  --- --- 
F. Road  Transport  Services  Same  ---  ---  --- --- 
G. Pipeline  Transport  Same  ---  ---  --- --- 
H. Services  auxiliary  to all modes  of transport  New  Partial  Partial  --- --- 
I. Other   Same  ---  ---  --- --- 
12. Other Services not Included Elsewhere  Same  ---  ---  --- --- 
General Note: MFN and Horizontal limitations, as well as Mode 4 commitments/limitations are not included.  
a The column refers only to commitments in sectors or sub -sectors covered under the Agreement.  
Full: Specific commitments not subject to market access or national treatment  limitation(s).  
Partial:  Specific commitments subject to some market access or national treatment limitation(s).  
New: New commitments full or partial, with or without limitations.  
Improved:  Overall improved commitments under the Protocol compared to thos e under the GATS.  
Similar:  Similar liberalization, in individual cases, with limited improvements and/or limited additional 
reservations.   
--- : No specific commitments; sector or sub -sector excluded from the Agreement.  
Source:  Vanuatu's GATS Schedule of Specific Commitments (GATS/SC/148) and Vanuatu's schedule of 
specific commitments under PACER Plus (Annex 7 -A to PACER Plus).  
 
6.3  Business services  
6.5.  In comparison with the GATS, Vanuatu improves its commitments overall in business services 
under PACER Plus, particularly by broadening the scope of its commitments in professional63 and 
other business services64. New commitments are undertaken in research and development, and 
rental/leasing services without operators65 services  while as in the GAT S there are no commitments 
in real estate  services.  
6.4  Communication services  
6.6.  Under the Agreement, Vanuatu maintains its GATS commitments in communication services, 
including its additional commitments in telecommunication services as indicated in the referen ce 
paper attached to its schedule of specific commitments under the Agreement as under the GATS. It 
also maintains its GATS market access or national treatment limitations for the supply of courier and 
telecommunication services, while broad national treat ment reservations apply for the supply of 
motion picture and videotape production and distribution services (part of audiovisual services).  As 
under the GATS, no commitments are scheduled for postal and other communication services.  
 
63 New commitments are made in taxation; integrated engineering; urban planning and landscape 
architectural; medical and dental; midwives, nurses, physiotherapists and paramedical personnel services (CPC 
863, 8673, 8674, 9312, 93191 , accordingly).  
64 New commitments are made in advertisement services (CPC 871); market research and public 
opinion polling services (CPC 864); services related to management consulting (CPC 866); services incidental 
to fishing (only consulting), mining, ma nufacturing, energy distribution (only consultancy) (part of CPC 882, 
883, 884 and 88110, 88120, accordingly); placement and supply services of personnel (CPC 872); related 
scientific and technical consulting services (CPC 8675); maintenance and repair of equipment (not including 
maritime vessels, aircraft or other transport equipment) (CPC 633+8861 -8866); building -cleaning services 
(CPC 874); photographic services (CPC 875); packaging services (CPC 876); printing, publishing (CPC 88442); 
and other business  services, including convention services (CPC 8790).  
65 Except for leasing or rental services concerning other land transport equipment without operator (CPC 
83105).  WT/REG451/1/Add.1  
 
- 32 - 
 
  6.5  Construction and relat ed engineering services  
6.7.  In construction and related engineering services, Vanuatu improves its GATS commitments by 
lifting market access or national treatment limitations for the supply of general construction work 
for buildings and for civil engineering services (CPC 512 and 513 , respectively). As under the GATS, 
there are no commitments  for installation and assembly work, building completion and finishing 
work and other construction and related engineering services .  
6.6  Distribution services  
6.8.  While improving its GATS market access requirements66 and removing national treatment 
limitations, Vanuatu schedules new broad limitations on the scope by excluding distribution services 
for kava bars, open air vendors, mobile shops, door to door sales, local trading of sandalwood, export 
of sandalwood in stick and chips form, export of seeds and other minor forest products, second hand 
clothing shops, export of kava in root, chips and stick form  from its commitments under the 
Agreement. As under the GATS, no commitments are scheduled for other distribution services.  
6.7  Educational services  
6.9.  Under the Agreement, Vanuatu  maintains its GATS commitments in  educational services with 
certain requirements remaining to apply for the supply of services through commercial presence.  
6.8  Environmental services  
6.10.  Vanuatu improves  its GATS commitments in  environmental services with no market access or 
national treatment limitations for the supply of certain other environmental services67. As under the 
GATS, certain limitations apply for the supply of sewage, refuse disposal, sanitation and similar 
services through commercial presence.  
6.9  Financial services  
6.11.  Vanuatu  maintains its GATS commitments in financial services under PACER Plus with certain 
requirements remaining to apply for banks supplying banking and othe r relating services through 
commercial presence. Services supplied in the exercise of Governmental authority68 are excluded 
from its commitments in financial services under PACER Plus. As under the GATS, no commitments 
are made in other financial services sub-sector.  
6.10  Health related and social services  
6.12.  Vanuatu maintains its GATS commitments in  health related and social services under the 
Agreement with no market access or national treatment limitations scheduled for the supply of 
hospital69 and social serv ices. As under the GATS, no commitments are made in other human health 
and other health related and social services.  
 
66 Except for the supply of wholesale trade and retailing services sub -sectors, where shops with an 
annual turnover is less that VT 30 million are reserved to Vanuatu citizens and enterprises wholly -owned by 
Vanuatu, no market access limitations are scheduled by Vanuatu in distribution services sector under PACER 
Plus. 
67 This refers to the follow ing scheduled services:  services to reduce exhaust gases and other emissions 
and improve air quality (CPC 9404); noise abatement services (CPC 9405); treatment, remediation of 
contaminated/polluted soil and water, nature and landscape protection services (CPC 9406); other 
environmental protection services not classified elsewhere (CPC 9409) . 
68 This refers to activities: (i) conducted by a central bank or monetary authority or by any other public 
entity in pursuit of monetary or exchange rate policies; (ii)  forming part of a statutory system of social security 
or public retirement plans; and (iii) other activities conducted by a public entity for the account or with the 
guarantee or using the financial resources of the government.  
69 As under the GATS, certai n conditions apply for the supply of hospital services through commercial 
presence.  WT/REG451/1/Add. 1 
 
- 33 - 
 
  6.11  Tourism and travel related services  
6.13.  Vanuatu maintains its GATS commitments in  hotels and restaurants, and travel agency 
services. As under  the GATS, no commitments are made in tour operators, tourist guides and other 
tourism and travel related services.  
6.12  Recreational and cultural and sporting services  
6.14.  In comparison to the GATS, Vanuatu undertakes new liberalization commitments in 
entertainment, news agency, sporting and other recreational services sub -sectors, excluding lottery, 
gambling betting and any other related activities. As under the GATS, it makes no commitments in 
libraries, archives, museums and other cultural services, and other recreational, cultural and sporting 
services.  
6.13  Transport services  
6.15.  In comparison to the GATS, Vanuatu generally improves its commitments in transport services 
sector under PACER Plus.  In maritime transport services, new partial commitments are mad e for the 
supply of international transport (freight and passenger), excluding cabotage (CPC 7211, 7212); 
maintenance and repair of vessels and certain maritime auxiliary services70. In air transport services, 
Vanuatu broadens the scope of its GATS commitm ents by scheduling new commitments  in computer 
reservations system services  and specialty air services, where there are no market access or national 
treatment limitations, except the cross-border supply of specialty air services  is unbound . In services 
auxiliary to all modes of transport, in addition to maritime auxiliary commitments, new commitments  
with no market access or national treatment limitations are made  for the supply of storage and 
warehouse, freight transport agency71 and other services auxilia ry to all modes of transport.  As 
under the GATS, Vanuatu does not schedule any commitments in internal waterways, space, rail, 
road, pipeline and other transport services.  
6.14  Other Services not Included Elsewhere  
6.16.  As under the GATS, Vanuatu  does not schedule a ny commitments in other services not 
included elsewhere . 
  
 
70 Container station and depot services, maritime freight forwarding services, storage and warehousing 
services, and maritime agency services as defined in the Annex to Vanuatu's  schedule of specific commitments 
under PACER Plus . 
71 Suppliers of international maritime transport services are required to go through a local agent 
established in Vanuatu . WT/REG451/1/Add.1  
 
- 34 - 
 
  COMMITMENTS  BY NON -WTO MEMBER PARTIES  
6.1.  The following section reflects specific commitments under PACER Plus by the Forum Island 
Parties that are non -WTO Members and therefore have no GATS schedules.  
7  COOK ISLANDS   
7.1  Horizontal commitments  
7.1.  Under  horizontal commitments, the Cook Islands have broad reservations regarding 
investment and the ownership of land. Its MFN exemptions in Annex I  include any measure that 
accords more favourable treatment under  any bilateral or multilateral agreement (i) in force or 
signed prior to the entry into force of PACER Plus (including any modification or amendment of such 
agreements)72; (ii) in force or signed after the entry into force of PACER Plus  with specific lists of 
countries73 or which covers  aviation, fisheries, or maritime matters. MFN treatment is not extended 
to the supply of social services and services provided in the exercise of government authority; 
cultural industries ; and the period of stay of natural persons from New Zealand.  
7.2  Sector -specific commitments  
7.2.  The following section identifies, by sector, the Cook Islands' commitments under the 
Agreement. The scope and level of liberalization varies between the ten out of twelve scheduled 
sectors with no commitments for recreational, cultura l and sporting services, and other services not 
included elsewhere.  
7.3.  Table 7.1 provides an overview of the Cook Islands' specific commitments in modes 1 -3 under 
PACER Plus. Horizontal limitations and MFN reservations are not taken into account in the table  
which should be read in conjunction with the respective parts of Annex es I, 7-A and 8 -A.  
Table 7.1 Cook Islands: Sector specific commitments in trade in services under PACER 
Plus 
Sectors  
Sub-sectors  PACER 
Plus PACER Plus   
Sector coverage  Commitmentsa 
1. Business services     
A. Professional  Services  Partial  Partial  Partial  
B. Computer  and Related  Services  Full Full Full 
C. Research  and Development  Services  Partial  Full Partial  
D. Real  Estate  Services  Partial  Full Partial  
E. Rental/Leasing  Services  without  Operators  Partial  Partial  Partial  
F. Other   Partial  Partial  Full 
2. Communication services     
A. Postal  services  --- --- --- 
B. Courier  services  Full Full Full 
C. Telecommunication  services  --- Full --- 
D. Audiovisual  services  --- --- --- 
E. Other  --- --- --- 
3. Construction and related engineering services     
A. General  construction  work for buildings  Full Full Full 
B. General  construction  work for civil engineering  Full Full Full 
C. Installation  and assembly  work  Full Full Full 
D. Building  completion  and finishing  work  Full Full Full 
E. Other  Full Full Full 
4. Distribution services     
A. Commission  agents'  services  Full Full Full 
B. Wholesale  trade  services  Full Full Full 
C. Retailing  services  Partial  Partial  Full 
D. Franchising  Full Full Full 
E. Other  --- --- --- 
5. Educational  services     
 
72 This includes measures adopted or maintained under any existing or future amendments to the Pacific 
Island Countries Trade Agreement (PICTA).  
73 This applies to LDCs classified by the United Nations and the Pacific Island Countries and territories 
that are not party to PACER Plus ( American Samoa, Commonwealth of the Northern Mari ana Islands, French 
Polynesia, Guam, New Caledonia, Pitcairn, Tokelau, and Wallis and Futuna ). WT/REG451/1/Add. 1 
 
- 35 - 
 
  Sectors  
Sub-sectors  PACER 
Plus PACER Plus   
Sector coverage  Commitmentsa 
A. Primary education services  Partial  Partial  Partial  
B. Secondary education services  Partial  Partial  Partial  
C. Higher education services  Partial  Partial  Partial  
D. Adult education  Partial  Partial  Partial  
E. Other  Partial  Partial  Partial  
6. Environmental services     
A. Sewage services  Partial  Partial  Full 
B. Refuse disposal services  Partial  Partial  Full 
C. Sanitation and similar services  Partial  Partial  Full 
D. Other  Partial  Partial  Full 
7. Financial services     
A. All insurance  and insurance -related  services  Partial  Partial  Partial  
B. Banking  and other  financial  services  Partial  Partial  Full 
C. Other  --- --- --- 
8. Health related and social services     
A. Hospital services  Partial  Partial  Full 
B. Other Human Health Services  Partial  Partial  Full 
C. Social Services  Partial  Partial  Full 
D. Other  --- --- --- 
9. Tourism and travel related services     
A. Hotels  and restaurants (including catering)  Full Full Full 
B. Travel  agencies  and tour operators  services  Full Full Full 
C. Tourist  guides  services  Full Full Full 
D. Other  --- --- --- 
10. Recreational and cultural and sporting services     
A. Entertainment  services  --- --- --- 
B. News agency services  --- --- --- 
C. Libraries, archives, museums and other cultural 
services  --- --- --- 
D. Sporting and other recreational services  --- --- --- 
E. Other  --- --- --- 
11. Transport services     
A. Maritime Transport Services  Partial  Partial  Partial  
B. Internal Waterways Transport  --- --- --- 
C. Air  Transport  Services  Full Full Full 
D. Space  Transport  --- --- --- 
E. Rail  Transport  Services  --- --- --- 
F. Road  Transport  Services  --- --- --- 
G. Pipeline  Transport  --- --- --- 
H. Services  auxiliary  to all modes  of transport  Partial  Partial  Partial  
I. Other   --- --- --- 
12. Other Services not Included Elsewhere  --- --- --- 
General Note: MFN and Horizontal limitations, as well as Mode 4 commitments/limitations are not included.  
a The column refers only to commitments in sectors or sub -sectors covered under the Agreement.  
Full: Specific commitments not subject to market access or national treatment limitation(s).  
Partial:  Specific commitments subject to some market access or national treatment limitation(s).  
--- : No specific commitment s; sector or sub-sector  excluded from the Agreement . 
Source:  The Cook Islands schedule of specific commitments (Annex 7 -A to PACER Plus).  
 
7.3  Business services  
7.4.  Under the Agreement, the Cook Islands significantly open the business services sector with full 
liberalization of computer and related services. There are n o limitations on market access or national 
treatment for professional, rental/leasing services without operators, and other business servi ces; 
however, some reservations on the scope apply: there are no commitments for other professional 
services or services relating to other transport equipment , while  services incidental to fishing, mining 
and energy distribution are partial ly cover ed. The scope of research and development, and real 
estate services sectors are fully covered under the Agreement; however, a research permit is 
required for supplying R&D services via commercial presence, while cross -border supply of services 
remains unbound for real estate services.  
7.4  Communication services  
7.5.  With no commitments scheduled for postal, audiovisual or other communication services, it 
makes full commitments for courier services under the Agreement. Any commitments on WT/REG451/1/Add.1  
 
- 36 - 
 
  telecommunication services, which ar e scheduled as unbound, might be considered by the Cook 
Islands once assistance is received to introduce competition to the telecommunications market and 
in further developing an appropriate regulatory framework  under the development assistance 
provisions of PACER Plus.  
7.5  Construction and related engineering services  
7.6.  The Cook Islands' commitments on construction and related engineering services cover the 
whole sector, as classified by W/120, with modes 1 -3 fully liberalized.  
7.6  Distribution services  
7.7.  In distri bution services, a slightly different classification from the GATS is used with the 
scheduled sub -sectors fully liberaliz ed. The following distribution services are excluded from the 
scope of the commitments: distribution services in relation to alcohol, tobacco, fresh fish, pearls. 
Moreover, no commitments are listed for food retailing services (CPC 631) and other retailing 
services.  
7.7  Educational services  
7.8.  Under the Agreement, the Cook Islands undertake commitments for all educational services, 
but only services provided by privately -owned institutions. With no limitations for modes 1 and 2, 
the supply of educational  services th rough mode 3 is subject to prior national approval.  
7.8  Environmental  services  
7.9.  Under the Agreement, the Cook Islands undertake full commitments only for consultancies 
related to the provision of environmental services. In comparison to the W/120, the scope of  the 
listed sub -sectors is broader and includes, inter alia , cleaning services of exhaust gases, noise 
abatement, nature and landscape protection, and other environmental protection services n.e.c. 
(CPC 9404, 9405, 9406, and 9409, accordingly).  
7.9  Financial services  
7.10.  Commitments in financial services cover all related sub -sectors as classified in the W/120, 
except for other financial services and s ervices supplied in the exercise of Governmental authority74. 
While no market access or national treatment limita tions are scheduled for banking services, some 
restrictions apply for the supply of insurance and insurance -related services; for example, 
incorporation in the Cook Islands is required for the supply of direct insurance, reinsurance and 
retrocession servic es. 
7.10  Health related and social services  
7.11.  No limitations on market access or national treatment are scheduled for h ealth related and 
social services  but only services provided by privately -owned institutions are covered, with no 
commitment for other h ealth r elated and social services .  
7.11  Tourism and travel related services  
7.12.  The Cook Islands fully liberalizes tourism and travel related services, except no commitments 
are made  for other tourism and travel related services.  
7.12  Recreational and cultural and sporting s ervices  
7.13.  There are no commitments in recreational and cultural and sporting services.  
 
74 This refers to the following activities: (i) conducted by a central bank or monetary authority or by any 
other public entity in pursuit of monetary or exchange  rate policies; (ii) forming part of a statutory system of 
social security or public retirement plans; and (iii) other activities conducted by a public entity for the account 
or with the guarantee or using the financial resources of the government.  WT/REG451/1/Add. 1 
 
- 37 - 
 
  7.13  Transport services  
7.14.  Transport services remain largely reserved with no commitments for internal waterways, 
space, road, rail and pipeline services sectors. For maritime s ervices, wh ose scope and definitions 
are in the related Annex to the  Cook Island's  schedule , the commitments do not precisely follow the 
W/120 classification. Apart from fully open services for maintenance and repair of vessels, partial 
liberalization  and additional  commitments are made for passenger and freight maritime 
transportation (excluding maritime cabotage75). Air transport services, as defined by Chapter 7 
(trade in services), are fully  liberalized with the scope of the commitments broader than under the 
GATS as they also include specialty air services76. Except for some reservations for maritime auxiliary 
services, services auxiliary to all modes of transport  are fully open .  
7.14  Other Serv ices not Included Elsewhere  
7.15.  There are no  commitments for other services not included elsewhere.  
8  KIRIBATI   
8.1  Horizontal commitments  
8.1.  Under  horizontal commitments, Kiribati  has broad reservations regarding the investment and 
the ownership of land, and a requirement to provide training to employees who are natural persons 
of Kiribati to allow the transfer of skills.  
8.2.  MFN exemptions listed by Kiribati in Annex I include any measure that accords more favourable 
treatment under any bilateral or multilateral ag reement (i) in force or signed prior to the entry into 
force of PACER Plus (including any modification or amendment of such agreements)77; or (ii) in force 
or signed after the entry into force of PACER Plus with specific list of countries78 or which cover s 
distribution, aviation, fisheries, or maritime matters, including salvage. Moreover, MFN treatment is 
not extended to recreational, cultural and sporting services; maritime ; and health and social 
services.  
8.2  Sector -specific commitments  
8.3.  The following section identifies, by sector, Kiribati's commitments under the Agreement. The 
scope and level of liberalization varies between the ten out of twelve scheduled sectors with no 
commitments for distribution and other services not included elsew here.  
8.4.  Table 8.1 provides an overview of Kiribati's specific commitments in modes 1 -3 under the 
Agreement. Horizontal limitations and MFN reservations are not taken into account in the table which 
should be read in conjunction with the respective part s of Annex es I, 7-A and 8 -A.  
 
75 Maritime cabotage services are assumed to cover transportation of passengers or goods between a 
port located in the Cook Islands and another port located in the Cook Islands, traffic originating and 
terminating in the same port located in the Cook Islands provi ded that this traffic remains within the Cook 
Islands’ territorial waters, and traffic between a port located in the Cook Islands and installations or structures 
situated in the EEZ or relating to the continental shelf of the Cook Islands (Annex to schedul e of the Cook 
Islands: definitions in relation to maritime transport).  
76 Specialty air services means any non -transportation air services such as aerial firefighting, 
sightseeing, spraying, surveying, mapping, photography, parachute jumping, glider towing,  and helicopter -lift 
for logging and construction, and other airborne agricultural, industrial, and inspection services  (Article 1 of 
Chapter 7).  
77 This includes measures adopted or maintained under any existing or future amendments to the Pacific 
Island Countries Trade Agreement (PICTA).  
78 This applies to Least Developed Countries as classified by the United Nations and the Pacific Island 
Countries and territories that are not party to PACER Plus ( American Samoa, Commonwealth of the Northern 
Mariana Islands, French Polynesia, Guam, New Caledonia, Pitcairn, Tokelau, and Wallis and Futuna ). WT/REG451/1/Add.1  
 
- 38 - 
 
  Table 8.1 Kiribati: Sector specific commitments in trade in services under PACER Plus  
Sectors  
Sub-sectors  PACER 
Plus PACER Plus   
Sector 
coverage  Commitmentsa 
1. Business services     
A. Professional  Services  Partial  Partial  Partial  
B. Computer  and Related  Services  Partial  Partial  Full 
C. Research  and Development  Services  Full Full Full 
D. Real  Estate  Services  --- --- --- 
E. Rental/Leasing  Services  without  Operators  Partial  Partial  Full 
F. Other   Partial  Partial  Full 
2. Communication services     
A. Postal  services  --- --- --- 
B. Courier  services  Full Full Full 
C. Telecommunication  services  Full Full Full 
D. Audiovisual  services  --- --- --- 
E. Other  --- --- --- 
3. Construction and related engineering services     
A. General  construction  work for buildings  Full Full Full 
B. General  construction  work for civil engineering  Full Full Full 
C. Installation  and assembly  work  Full Full Full 
D. Building  completion  and finishing  work  Full Full Full 
E. Other  Full Full Full 
4. Distribution services     
A. Commission  agents'  services  --- --- --- 
B. Wholesale  trade services  --- --- --- 
C. Retailing  services  --- --- --- 
D. Franchising  --- --- --- 
E. Other  --- --- --- 
5. Educational  services     
A. Primary education services  Partial  Partial  Partial  
B. Secondary education services  Partial  Partial  Full 
C. Higher education services  Partial  Partial  Full 
D. Adult education  Partial  Partial  Full 
E. Other  Partial  Partial  Full 
6. Environmental services     
A. Sewage services  Partial  Partial  Full 
B. Refuse disposal services  Partial  Partial  Partial  
C. Sanitation and similar services  Partial  Partial  Full 
D. Other  Partial  Partial  Full 
7. Financial services     
A. All insurance  and insurance -related  services  Partial  Partial  Partial  
B. Banking  and other  financial  services  Partial  Partial  Partial  
C. Other  --- --- --- 
8. Health related and social services     
A. Hospital services  Partial  Partial  Full 
B. Other Human Health Services  Partial  Partial  Full 
C. Social Services  --- --- --- 
D. Other  --- --- --- 
9. Tourism and travel related services     
A. Hotels  and restaurants (including catering)  Full Full Full 
B. Travel  agencies  and tour operators  services  Full Full Full 
C. Tourist  guides  services  --- --- --- 
D. Other  --- --- --- 
10. Recreational and cultural and sporting services     
A. Entertainment  services  Full Full Full 
B. News agency services  Full Full Full 
C. Libraries, archives, museums and other cultural services  Partial  Partial  Full 
D. Sporting and other recreational services  Partial  Partial  Full 
E. Other  --- --- --- 
11. Transport services     
A. Maritime Transport Services  Partial  Partial  Partial  
B. Internal Waterways Transport  --- --- --- 
C. Air  Transport  Services  Full Full Full 
D. Space  Transport  --- --- --- 
E. Rail  Transport  Services  --- --- --- 
F. Road  Transport  Services  --- --- --- 
G. Pipeline  Transport  --- --- --- 
H. Services  auxiliary  to all modes  of transport  Partial  Partial  Partial  
I. Other   --- --- --- WT/REG451/1/Add. 1 
 
- 39 - 
 
  Sectors  
Sub-sectors  PACER 
Plus PACER Plus   
Sector 
coverage  Commitmentsa 
12. Other Services not Included Elsewhere  --- --- --- 
General Note: MFN and Horizontal limitations, as well as Mode 4 commitments/limitations are not included.  
a The column refers only to commitments in sectors or sub -sectors covered under the Agreement.  
Full: Specific commitments not subject to market access or national treatment limitation(s).  
Partial:  Specific commitm ents subject to some  market access or national treatment  limitation(s).  
… : No specific commitment s; sector or sub-sector  excluded from the Agreement . 
Source:  Kiribati  schedule of specific commitments (Annex 7 -A to PACER Plus).  
 
8.3  Business services  
8.5.  Under the  Agreement, Kiribati significantly opens the business services sector with full 
liberalization of research and development services and the supply of services provided by midwives, 
nurses, physiotherapists (mode 1 is reserved  for due to lack of technical f easibility ). Other 
reservations mainly apply to the scope of the following business services sub -sectors: legal services 
(CPC 861)79, services incidental to fishing (CPC 882)80 and s ervices incidental to energy 
distribution81. Kiribati has no commitments for real estate services; other  computer services (CPC 
849); leasing or rental services concerning personal and household goods (CPC 832); and other 
business services (site preparation work for mining (CPC 5115)); p lacement and  supply services of 
personnel  (CPC 872); and i nvestigation and security  (CPC 873) services.  
8.4  Communication services  
8.6.  Kiribati fully liberalizes courier and telecommunication services sectors, while no commitments 
are made for postal, audiovisual and other co mmunication services sectors. It  also subscribes to the 
Reference Paper on Basic Telecommunication Services, which replicates the Reference paper under 
the GATS, as in Annex II to its schedule of specific commitments under PACER Plus (Annex 7 -A). 
8.5  Construct ion and related engineering services  
8.7.  Kiribati's  commitments on construction and related engineering services cover the whole 
sector, as classified in the  W/120, with modes 1 -3 fully liberalized.  
8.6  Distribution services  
8.8.  Kiribati does not have any commitment s for distribution services.  
8.7  Educational services  
8.9.  Commitments are made for the whole educational services sector under PACER Plus, but only 
for services provided by privately -owned institutions. Except for  the cross-border supply of primary 
education serv ices which is unbound , there are no further limitations on market access or national 
treatment.  
8.8  Environmental services  
8.10.  Kiribati fully liberalizes consultancy services related to the provisions on sewage, refuse 
disposal, sanitation and other environmental services (part of CPC 9401, 9402, 9403, and 9404 -
9409, accordingly). In addition, there is a commercial presence requirement for the supply of refuse 
 
79 Excluded from the scope of legal services (CPC 861): legal a dvisory and legal documentation and 
certification services performed by service suppliers entrusted with public functions, such as notary services.  
80 Consists of specialized consultancy services only, related to fisheries. Does not include fishing.  
81 Cover s specialised consultancy services only, in relation to energy distribution.  In the schedule of 
specific commitments under PACER Plus, 1.F(j) Services incidental to energy distribution are classified as CPC 
997**; however, under the W/120 classification, t he same sub -sub-sector is classified under CPC 887.  WT/REG451/1/Add.1  
 
- 40 - 
 
  disposal services for recyclable items excluding PET 14, lead acid batteries and aluminium cans, 
including  collection, transport and reduction services.  
8.9  Financial services  
8.11.  Kiribati's commitments in financial services cover all related sub -sectors classified in the 
W/120, except for other financial services and s ervices supplied in the exercise of Governmental 
authority82. While only cross -border supply of insurance and insurance -related services remains 
unbound, the supply of most of banking and other financial services is only liberalized for the ir supply 
throug h commercial presence.  
8.10  Health related and social services  
8.12.  Under the Agreement, full commitments are made for hospital and other human health 
services, which are provided by privately -owned institutions, with no commitments for social or other 
health relat ed and social services.  
8.11  Tourism and travel related services  
8.13.  While no limitations are scheduled for the supply of hotels and restaurant, travel agencies 
and tour operator services, Kiribati does not have any commitments for tourist guides and other 
touris m and travel related services.  
8.12  Recreational and cultural and sporting services  
8.14.  Kiribati fully liberalizes the supply of entertainment, news agency, library and archives, and 
sporting and other recreational services, excluding gambling and betting.  
8.13  Transp ort services  
8.15.  Transport services remain largely reserved with no commitments for internal waterways, 
space, road, rail and pipeline services sectors.  For maritime services, wh ose scope and definitions 
are in the related Annex to Kiribati's  schedule , the co mmitments do not precisely follow the W/120 
classification. Apart from fully open services related to maintenance and repair of vessels, partial 
liberalization and additional commitments are made for passenger and freight maritime 
transportation (excluding  maritime cabotage83) and maritime auxiliary services. Air transport 
services, as defined by Chapter 7 (trade in services), are fully liberalized with the scope of the 
commitments broader than under the GATS as it also includes specialty air services84. Except for 
some reservations for maritime auxiliary services, Kiribati fully opens services auxiliary to all modes 
of transport.  
8.14  Other Services not Included Elsewhere  
8.16.  Kiribati does not have any commitments for other services not included elsewhere.  
 
82 This refers to the following activities: (i) conducted by a central bank or monetary authority or by any 
other public entity in pursuit of monetary or exchange rate policies; (ii) forming part of a statutory system of 
social security or public retirement plans; and (iii) other activities conducted by a public entity for the account 
or with the guarantee or using the financial resources of the government.  
83 Maritime cabotage services are assumed to cover transportation of passengers or goods between a 
port located in the Kiribati and another port located in the Kiribati, traffic originating and terminating in the 
same port located in the Kiribati provided that this traffic remains within the Kiribati’s territorial waters, and 
traffic between a port located i n the Kiribati and installations or structures situated in the EEZ or relating to the 
continental shelf of Kiribati (Annex to schedule of Kiribati: definitions in relation to maritime transport).  
84 Specialty air services means any non -transportation air se rvices such as aerial firefighting, 
sightseeing, spraying, surveying, mapping, photography, parachute jumping, glider towing, and helicopter -lift 
for logging and construction, and other airborne agricultural, industrial, and inspection services  (Article 1 of 
Chapter 7).  WT/REG451/1/Add. 1 
 
- 41 - 
 
  9  NIUE  
9.1  Horizontal commitments  
9.1.  Under horizontal commitments, Niue has reservations for measures in relation to the transfer 
or disposal of government -owned entities or assets, investment and ownership of land. Foreign 
enterprises seeking to carry out business in Niue are required to be registered by Cabinet and to 
provide training to local employees.  
9.2.  MFN exemptions in Annex I  include any measure that accords more favourable treatment under 
any bilateral or multilateral agreement (i) in force or signed prior to the entry into force of PACER 
Plus (including any modification or amendment of such agreements)85; or (ii) in force or signed after 
the entry into force of PACER Plus with specific list of countries86 or which covers aviation, fisheries, 
or maritime matters, including salvage. Moreover, MFN treatment is not extended to cultural 
industries, health and social services, and the period of stay of natural persons from New Zealand.  
9.2  Sector -specific commitment s 
9.3.  The following section identifies, by sector, Niue's commitments under the Agreement. The 
scope and level of liberalization varies between the eleven out of twelve scheduled sectors with no 
commitments for other services not included elsewhere.  
9.4.  Table 9.1 provides an overview of Niue's specific commitments in modes 1 -3 under the 
Agreement. Horizontal limitations and MFN reservations are not taken into account in the table which 
should be read in conjunction with the respective parts of Annex es I, 7-A and 8 -A.  
Table 9.1 Niue: Sector specific commitments in trade in services under PACER Plus  
Sectors  
Sub-sectors  PACER 
Plus PACER Plus   
Sector coverage  Commitmentsa 
1. Business services     
A. Professional  Services  Partial  Partial  Partial  
B. Computer  and Related  Services  Full Full Full 
C. Research  and Development  Services  Full Full Full 
D. Real  Estate  Services  --- --- --- 
E. Rental/Leasing  Services  without  Operators  Partial  Partial  Full 
F. Other   Partial  Partial  Full 
2. Communication services     
A. Postal  services  --- --- --- 
B. Courier  services  Full Full Full 
C. Telecommunication  services  --- --- --- 
D. Audiovisual  services  Partial  Partial  Partial  
E. Other  --- --- --- 
3. Construction and related engineering services     
A. General  construction  work for buildings  Full Full Full 
B. General  construction  work for civil engineering  Full Full Full 
C. Installation  and assembly  work  Full Full Full 
D. Building  completion  and finishing  work  Full Full Full 
E. Other  Full Full Full 
4. Distribution services     
A. Commission  agents'  services  Partial  Partial  Full 
B. Wholesale  trade services  Partial  Partial  Full 
C. Retailing  services  --- --- --- 
D. Franchising  --- --- --- 
E. Other  --- --- --- 
5. Educational  services     
A. Primary education services  --- --- --- 
B. Secondary education services  Partial  Partial  Full 
C. Higher education services  Partial  Partial  Full 
D. Adult education  Partial  Partial  Full 
E. Other  Partial  Partial  Full 
 
85 This includes measures adopted or maintained under any existing or future amendments to the Pacific 
Island Countries Trade Agreement (PICTA).  
86 This applies to LDCs as classified by the United Nations and the Pacific Island Countries and t erritories 
that are not party to PACER Plus ( American Samoa, Commonwealth of the Northern Mariana Islands, French 
Polynesia, Guam, New Caledonia, Pitcairn, Tokelau, and Wallis and Futuna ). WT/REG451/1/Add.1  
 
- 42 - 
 
  Sectors  
Sub-sectors  PACER 
Plus PACER Plus   
Sector coverage  Commitmentsa 
6. Environmental services     
A. Sewage services  Partial  Partial  Full 
B. Refuse disposal services  Partial  Partial  Full 
C. Sanitation and similar services  Partial  Partial  Full 
D. Other  Partial  Partial  Full 
7. Financial services     
A. All insurance  and insurance -related  services  Partial  Partial  Full 
B. Banking  and other  financial  services  Partial  Partial  Full 
C. Other  --- --- --- 
8. Health related and social services     
A. Hospital services  Partial  Partial  Full 
B. Other Human Health Services  Partial  Partial  Full 
C. Social Services  Partial  Partial  Full 
D. Other  --- --- --- 
9. Tourism and travel related services     
A. Hotels  and restaurants (including catering)  Full Full Full 
B. Travel  agencies  and tour operators  services  Full Full Full 
C. Tourist  guides  services  Full Full Full 
D. Other  --- --- --- 
10. Recreational and cultural and sporting services     
A. Entertainment  services  Full Full Full 
B. News agency services  Full Full Full 
C. Libraries, archives, museums and other cultural services  Full Full Full 
D. Sporting and other recreational services  Partial  Partial  Full 
E. Other  --- --- --- 
11. Transport services     
A. Maritime Transport Services  Partial  Partial  Partial  
B. Internal Waterways Transport  --- --- --- 
C. Air  Transport  Services  Full Full Partial  
D. Space  Transport  --- --- --- 
E. Rail  Transport  Services  --- --- --- 
F. Road  Transport  Services  --- --- --- 
G. Pipeline  Transport  --- --- --- 
H. Services  auxiliary  to all modes  of transport  Partial  Partial  Partial  
I. Other   --- --- --- 
12. Other Services not Included Elsewhere  --- --- --- 
General Note: MFN and Horizontal limitations, as well as Mode 4 commitments/limitations are not included.  
a The column refers only to commitments in sectors or sub -sectors covered under the Agreement.  
Full: Specific commitments not subject to market access or national treatment limitation(s).  
Partial:  Specific commitments subject to some  market access or national treatment  limitation(s).  
… : No specific commitment s; sector or sub-sector  excluded from the Agreement . 
Source:  Niue schedule of specific commitments (Annex 7 -A to PACER Plus).  
 
9.3  Business services  
9.5.  Niue s ignificantly opens the business services sector with full liberalization of computer and 
related services , and research and development services . With no scheduled market access or 
national treatment limitations, other reservations mainly apply to the scop e of the following sub -
sectors: professional services87; rental/leasing services without operators88; and other business 
services89. Niue also has full commitments with partial scope of application for the supply of  services 
incidental to fishing (CPC 882)90 and services incidental to energy distribution91. It has no 
commitments for real estate services.  
 
87 No commitments scheduled for other professional services.  
88 No co mmitments scheduled for services related to other transport equipment (CPC  
83101+83102+83105 ) and other rental/leasing services without operators (CPC 832).  
89 No commitments scheduled for  site preparation work for mining  (CPC 5155) ; services incidental to 
the manufacture of metal products, machinery and equipment (CPC 885) ; placement and supply services of 
personnel  (CPC 872) ; investigation and security  services (CPC 873) . 
90 Consists of specialized consultancy services only, related to fisheries. Does not i nclude fishing.  
91 Covers specialised consultancy services only, in relation to energy distribution.  In the schedule of 
specific commitments under PACER Plus, 1.F(j) Services incidental to energy distribution are classified as CPC 
997**; however, under the W/120 classification, the same sub -sub-sector is classified under CPC 887.  WT/REG451/1/Add. 1 
 
- 43 - 
 
  9.4  Communication services  
9.6.  Niue fu lly liberalizes courier services sub-sector, while no commitments are made for postal, 
telecommunication and other communication services.  It also partially liberalizes audiovisual 
services sub -sector with national treatment limitations for mode 3.  
9.5  Constru ction and related engineering services  
9.7.  Commitments for construction and related engineering services cover the whole sector, as 
classified in the W/120, with modes 1 -3 fully liberalized.  
9.6  Distribution services  
9.8.  Niue partially liberali zes the supply of distribution services  with no market access or national 
treatment limitations for commission agent and wholesale trade services, excluding distribution 
services in relation to alcohol, tobacco, oil, and handicrafts.   
9.7  Educational services  
9.9.  Limited to servic es provided by privately -owned institutions, Niue fully liberalizes the supply of 
secondary, higher and adult education, and other educational services. No undertakings are made 
for primary educational services.   
9.8  Environmental services  
9.10.  Niue fully liberal izes consultancy services related to the provisions on sewage, refuse disposal, 
sanitation and other environmental services (part of CPC 9401, 9402, 9403, and 9404 -9409, 
accordingly).  
9.9  Financial services  
9.11.  Financial services are opened significantly , except  for no commitments for  other financial 
services and services supplied in the exercise of governmental authority92. 
9.10  Health related and social services  
9.12.  Under the Agreement, full commitments are made for hospital, other human health and social 
services, whi ch are provided by privately -owned institutions,   with no commitments  for other health 
related and social services.  
9.11  Tourism and travel related services  
9.13.  Niue significantly opens tourism and travel related services sector, with no commitments for 
other tou rism and  travel related services sub -sector.  
9.12  Recreational and cultural and sporting services  
9.14.  Recreational, cultural and sporting services  are fully liberalized , except for the supply of 
gambling and betting, and other recreational, cultural and sporting s ervices . 
9.13  Transport services  
9.15.  Transport services remain largely reserved with no commitments for internal waterways, 
space, road, rail  and pipeline services sectors.  For maritime services , whose scope and definitions 
are in the related Annex to Niue's  schedule commitments do not precisely follow the W/120 
 
92 This refers to the following activities  being excluded from the scope : (i) conducted by a central bank 
or monetary authority or by any other public entity in pursuit of monetary o r exchange rate policies; (ii) 
forming part of a statutory system of social security or public retirement plans; and (iii) other activities 
conducted by a public entity for the account or with the guarantee or using the financial resources of the 
governmen t. WT/REG451/1/Add.1  
 
- 44 - 
 
  classification. Apart from fully open services related to maintenance and repair of vessels, partial 
liberalization and additional commitments are made for passenger and freight maritime 
transportation (excluding maritime cabotage93). Air transport services, as defined by Chapter 7 
(trade in services), are mainly liberalized with the scope of the commitments broader than under 
the GATS as it also  includes specialty air services94, where  only mode 1 remains unbound.  Except 
for some reservations for maritime auxiliary and air cargo services, Niue fully opens services auxiliary 
to all modes of transport.  
9.14  Other Services not Included Elsewhere  
9.16.  There ar e no commitments for other services not included elsewhere.  
10  TUVALU  
10.1  Horizontal commitments  
10.1.  Under horizontal commitments, Tuvalu has reservations for measures for the investment and 
ownership of land. Natural persons and enterprises may be required to provide short -term training 
to local employees.  
10.2.  Tuvalu's MFN exemptions in Annex I  include any measure that accords more favourable 
treatment under any bilateral or m ultilateral agreement (i) in force or signed prior to the entry into 
force of PACER Plus (including any modification or amendment of such agreements)95; or (ii) in force 
or signed after the entry into force of PACER Plus with specific list of countries96 or which covers 
aviation, fisheries, or maritime matters, including salvage. Moreover, MFN treatment is not extended 
to cultural industries, maritime transport, health and social services.  
10.2  Sector -specific commitments  
10.3.  The following section identifies, by se ctor, Tuvalu's commitments under the Agreement. The 
scope and level of liberalization varies between the eleven out of twelve scheduled sectors with no 
commitments for other services not included elsewhere.  
10.4.  Table 10.1 provides an overview of Tuvalu's spec ific commitments in modes 1 -3 under the 
Agreement. Horizontal limitations and MFN reservations are not taken into account in the table which 
should be read in conjunction with the respective parts of Annex es I, 7-A and 8 -A.  
Table 10.1 Tuvalu: Sector specific commitments in trade in services under PACER Plus  
Sectors  
Sub-sectors  PACER 
Plus PACER Plus   
Sector 
coverage  Commitmentsa 
1. Business services     
A. Professional  Services  Partial  Partial  Partial  
B. Computer  and Related  Services  Full Full Full 
C. Research  and Development  Services  Full Full Full 
D. Real  Estate  Services  Partial  Full Partial  
E. Rental/Leasing  Services  without  Operators  Full Full Full 
 
93 Maritime cabotage services are assumed to cover transportation of passengers or goods between a 
port located in Niue and another port located in Niue, traffic originating and terminating in the same port 
located in the Niue provided that this traffic remains within Niue’s territorial waters, and traffic between a port 
located in the Niue and installations or structures situated in the EEZ or relating to the continental shelf of Niue 
(Annex to schedule of Niue: definitions in relation to maritime transp ort). 
94 Specialty air services means any non -transportation air services such as aerial firefighting, 
sightseeing, spraying, surveying, mapping, photography, parachute jumping, glider towing, and helicopter -lift 
for logging and construction, and other airb orne agricultural, industrial, and inspection services  (Article 1 of 
Chapter 7).  
95 This includes measures adopted or maintained under any existing or future amendments to the Pacific 
Island Countries Trade Agreement (PICTA).  
96 This applies to Least Develop ed Countries as classified by the United Nations and the Pacific Island 
Countries and territories that are not party to PACER Plus ( American Samoa, Commonwealth of the Northern 
Mariana Islands, French Polynesia, Guam, New Caledonia, Pitcairn, Tokelau, and Wallis and Futuna ). WT/REG451/1/Add. 1 
 
- 45 - 
 
  Sectors  
Sub-sectors  PACER 
Plus PACER Plus   
Sector 
coverage  Commitmentsa 
F. Other   Partial  Partial  Full 
2. Communication services     
A. Postal  services  --- --- --- 
B. Courier  services  Full Full Full 
C. Telecommunication  services  --- --- --- 
D. Audiovisual  services  Partial  Partial  Partial  
E. Other  --- --- --- 
3. Construction and related engineering services     
A. General  construction  work for buildings  Full Full Full 
B. General  construction  work for civil engineering  Full Full Full 
C. Installation  and assembly  work  Full Full Full 
D. Building  completion  and finishing  work  Full Full Full 
E. Other  Full Full Full 
4. Distribution services     
A. Commission  agents'  services  Partial  Partial  Full 
B. Wholesale  trade services  Partial  Partial  Full 
C. Retailing  services  Partial  Partial  Full 
D. Franchising  Full Full Full 
E. Other  --- --- --- 
5. Educational  services     
A. Primary education services  Partial  Partial  Full 
B. Secondary education services  Partial  Partial  Full 
C. Higher education services  Partial  Partial  Full 
D. Adult education  Partial  Partial  Full 
E. Other  Partial  Partial  Full 
6. Environmental services     
A. Sewage services  Partial  Partial  Full 
B. Refuse disposal services  Partial  Partial  Full 
C. Sanitation and similar services  Partial  Partial  Full 
D. Other  Partial  Partial  Full 
7. Financial services     
A. All insurance  and insurance -related  services  Partial  Partial  Full 
B. Banking  and other  financial  services  Partial  Partial  Partial  
C. Other  --- --- --- 
8. Health related and social services     
A. Hospital services  Partial  Partial  Full 
B. Other Human Health Services  Partial  Partial  Full 
C. Social Services  Partial  Partial  Full 
D. Other  --- --- --- 
9. Tourism and travel related services     
A. Hotels  and restaurants (including catering)  Partial  Partial  Partial  
B. Travel  agencies  and tour operators  services  Partial  Partial  Partial  
C. Tourist  guides  services  --- --- --- 
D. Other  --- --- --- 
10. Recreational and cultural and sporting services     
A. Entertainment  services  Full Full Full 
B. News agency services  Full Full Full 
C. Libraries, archives, museums and other cultural services  Full Full Full 
D. Sporting and other recreational services  Partial  Partial  Full 
E. Other  --- --- --- 
11. Transport services     
A. Maritime Transport Services  Partial  Partial  Partial  
B. Internal Waterways Transport  --- --- --- 
C. Air  Transport  Services     
D. Space  Transport  --- --- --- 
E. Rail  Transport  Services  --- --- --- 
F. Road  Transport  Services  --- --- --- 
G. Pipeline  Transport  --- --- --- 
H. Services  auxiliary  to all modes  of transport  Partial  Partial  Partial  
I. Other   --- --- --- 
12. Other Services not Included Elsewhere  --- --- --- 
General Note: MFN and Horizontal limitations, as well as Mode 4 commitments/limitations are not included.  
a The column refers only to commitments in sectors or sub -sectors covered under the Agreement.  
Full: Specific commitments not subject to  market access or national treatment  limitation(s).  
Partial:  Specific commitm ents subject to some  market access or national treatment  limitation(s).  
…: No specific commitment s; sector or sub-sector  excluded from the Agreement . 
Source:  Tuvalu  schedule of specific commitments (Annex 7 -A to PACER Plus).  WT/REG451/1/Add.1  
 
- 46 - 
 
  10.3  Business services  
10.5.  Under the Agr eement, Tuvalu significantly opens the business services sector with full 
liberalization of computer and related services, research and development services , and 
rental/leasing services without operators . For real estate services, which is fully committed in terms 
of sectoral coverage, only mode 3 is fully open with modes 1 and 2 remaining unbound. The scope 
of professional services97 is also fully covered with a partnership and joint venture with a local partner 
required for the supply of certain98 services through commercial presence .  
10.6.  With no scheduled market access or national treatment limitations, reservations for the other 
busin ess services mainly apply to the scope and are as follows: no commitments for site preparation 
work for mining (CPC 5155);  and services incidental  to the manufacture of metal products, 
machinery and equipment (CPC 885). Tuvalu also has full commitments with partial scope of 
application for the supply of services incidental to fishing (CPC 882)99, services incidental to energy 
distribution100 and main tenance and repair of equipment101 (CPC 633+8861 -8866).  
10.4  Communication services  
10.7.  Tuvalu fully liberalizes courier services, while no commitments are made for postal, 
telecommunication and other communica tion services.  It also partially liberalizes audiovisua l 
services with no limitations on market access or national tre atment.  
10.5  Construction and related engineering services  
10.8.  Commitments for construction  and related engineering services cover the whole sector, as 
classified in the W/120, with modes 1 -3 fully libe ralized.  
10.6  Distribution services  
10.9.  With no scheduled market access or national treatment limitations, the supply of distribution 
services is liberalized , excluding distribution services for alcohol, tobacco, and coconut products. No 
commitments are made for other distribution services.  
10.7  Educational services  
10.10.   Limited to services provided by privately -owned institutions, Tuvalu fully liberalizes the 
supply of educational serv ices.   
10.8  Environmental services  
10.11.   Consultancy services related to the provisions on sewage , refuse disposal, sanitation and 
other environmental services (part of CPC 9401, 9402, 9403, and 9404 -9409, accordingly)  are fully 
liberalized .  
10.9  Financial services  
10.12.   The financial services sector  is significantly liberalized , except for no commitments for other 
financial services  and services supplied in the exercise of Governmental authority102. While no 
 
97 No commitments scheduled for other professional services.  
98 This applies to legal services (CPC 861); accounting, auditing and bookkeeping services (CPC 862); 
medical and dental services (CPC 9312); veterinary services (CPC 932); and midwives, nurses, 
physiotherapists and paramedical personnel (CPC 93191).  
99 Consi sts of specialized consultancy services only, related to fisheries. Does not include fishing.  
100 Covers specialised consultancy services only, in relation to energy distribution.  In the schedule of 
specific commitments under PACER Plus, 1.F(j) Services inci dental to energy distribution are classified as CPC 
997**; however, under the W/120 classification, the same sub -sub-sector is classified under CPC 887.  
101 Does not  includ e maritime vessels, aircraft or other transport equipment . 
102 This refers to the follow ing activities being excluded from the scope: (i) conducted by a central bank 
or monetary authority or by any other public entity in pursuit of monetary or exchange rate policies; (ii) 
forming part of a statutory system of social security or public retirem ent plans; and (iii) other activities 
 WT/REG451/1/Add. 1 
 
- 47 - 
 
  market access or national treatment limitations are scheduled for the supply of insurance and 
insurance -related  services, for banking and other financial services specific requirements apply for 
modes 1 and 3 ; for example , incorporation in Tuvalu is required to supply such services through 
commercial presence.  
10.10   Health related and social services  
10.13.   Hospital, other hum an health and social services, which are provided by privately -owned 
institutions, are  fully committed by Tuvalu, with no undertakings for other health related and social 
services.  
10.11   Tourism and travel related services  
10.14.   Partial commitments are made for hote ls and restaurants, and travel agencies and tour 
operators services, with no  commitments for tourist guides or other tourism and travel related 
services.  
10.12   Recreational and cultural and sporting services  
10.15.   Tuvalu fully  liberalizes recreational, cultural and s porting services, except for the supply of 
gambling and betting, and other recreational, cultural and sporting services . 
10.13   Transport services  
10.16.   Transport services  remain largely reserved with no commitments for internal waterways, 
space, road, rail and pipeli ne services.  For maritime services, wh ose scope and definitions are in the 
related Annex to the Tuvalu's schedule commitments do not precisely follow the W/120 classification. 
Apart from fully open services related to the maintenance and repair of vessels,  partial liberalization 
and additional commitments are made for passenger and freight maritime transportation (excluding 
maritime cabotage103). Air transport services, as defined by Chapter 7 (trade in services), are mainly 
liberalized  with the scope of the  commitments broader than under the GATS as it also includes 
ground handling104 and spe cialty air services105. Except for some reservations for maritime auxiliary 
and air cargo handling services, Tuvalu fully opens services auxiliary to all modes of transport.  
10.14   Other Services not Included Elsewhere  
10.17.   There are no  commitments for other services not included elsewhere.  
__________  
 
conducted by a public entity for the account or with the guarantee or using the financial resources of the 
government.  
103 Maritime cabotage services are assumed to cover transportation of passengers or goods between a 
port located in the Tuvalu and another port located in Tuvalu, traffic originating and terminating in the same 
port located in the Tuvalu provided that this traffic remains within the Tuvalu’s territorial waters, and traffic 
between a port located in the Tu valu and installations or structures situated in the EEZ or relating to the 
continental shelf of Tuvalu (Annex to schedule of Tuvalu: definitions in relation to maritime transport).  
104 Ground handling services means the supply at an airport, on a fee or con tract basis, of the following: 
airline representation, administration and supervision; passenger handling; baggage handling; ramp services; 
catering (except the preparation of the food); air cargo and mail handling; fuelling of an aircraft; aircraft 
servic ing and cleaning; surface transport; and flight operations, crew administration and flight planning. 
Ground handling services do not include self -handling; security; line maintenance; aircraft repair and 
maintenance; or management or operation of essential  centralised airport infrastructure such as de -icing 
facilities, fuel distribution systems, baggage handling systems, and fixed intra -airport transport systems  
(Article 1 of Chapter 7).  
105 Specialty air services means any non -transportation air services suc h as aerial firefighting, 
sightseeing, spraying, surveying, mapping, photography, parachute jumping, glider towing, and helicopter -lift 
for logging and construction, and other airborne agricultural, industrial, and inspection services  (Article 1 of 
Chapter  7).