S/WPDR/W/61 /Rev.1  
 
8 March  2019 
(19-1451) Page: 1/13 
Working Party on Domestic Regulation  Original: English  
 
COMMUNICATION FROM INDIA  
GATS ARTICLE VI:4 - DISCIPLINES FOR SUPP LY OF A SERVICE THRO UGH THE PRESENCE OF A 
NATURAL PERSON OF A MEMBER IN THE TERRIT ORY OF ANOTHER MEMBE R 
Revision  
 
 
The following communication,  dated  8 March  2019, from the delegation of India is being circulated 
to the Members of the Working Party on Domestic Regulation.  
 
 
_______________  
 
 S/WPDR/W/61 /Rev.1  
 
- 2 - 
 
GATS ARTICLE VI:4 - DISCIPLINES FOR SUPP LY OF A SERVICE THRO UGH THE PRESENCE 
OF A  NATURAL PERSON OF A  MEMBER IN THE TERRI TORY OF ANOTHER MEMB ER 
DRAFT  FOR DISCUSSION  
 
I. INTRODUCTION  
1. Pursuant to Article VI:4 of the GATS, Members have agreed to the following disciplines on 
domestic regulation which apply only to domestic regulation for the supply of a service through the 
presence of a natural person of a Member in the territory of another Member.  
2. Members recognize the right to regulate, and to introduce new regulations, on the supply of 
services within their territories in order to me et national policy objectives and, given asymmetries 
existing with respect to the degree of development of services regulations in different countries, the 
particular need of developing countries to exercise this right. These disciplines should not be 
construed to prescribe or impose particular regulatory approaches or any particular regulatory 
provisions in domestic regulation.  
3. Members recognize the difficulties which may be faced by individual developing country 
Members and in particular the least -developed country Members, in implementing disciplines on 
domestic regulation. Members also recognize the difficulties which may be faced by service suppliers, 
particularly those of least -developed country Members and developing country Members, in 
complying w ith measures relating to licensing requirements and procedures, qualification 
requirements and procedures, and technical standards of other Members.  
II. DEFINITIONS  
4. "Licensing requirements " are substantive requirements, other than qualification 
requirement s, with which a natural person is required to comply in order to obtain, amend or renew 
authorization to supply a service.  
5. "Licensing procedures " are administrative or procedural rules that a natural  person , seeking 
authorization to supply a service, including the amendment or renewal of a licen ce, must adhere to 
in order to demonstrate compliance with licensing requirements.  
6. "Qualification requirements " are substantive requirements relating to the competenc e of a 
natural person in relation to the supply a service, and which are required to be demonstrated for the 
purpose of obtaining authorization to supply a service.  
7. "Qualification procedures " are administrative or procedural rules that a natural person mus t 
adhere to in order to demonstrate compliance with qualification requirements, for the purpose of 
obtaining authorization to supply a service.  
8. "Technical standards " are measures that lay down the characteristics of a service or the 
manner in which it is s upplied. Technical standards also include the procedures relating to the 
enforcement of such standards.  
III. GENERAL PROVISIONS  
9. These disciplines apply to measures by Members relating to licensing requirements and 
procedures, qualification requirements and  procedures, and technical standards affecting trade in 
services through presence of natural persons where specific commitments are undertaken. They do 
not apply to measures to the extent that they constitute limitations subject to scheduling under 
Article  XVI or XVII.  
10. To ensure that these  measures by Members do not in themselves constitute an unjustifiable 
impediment to the movement of natural persons, these disciplines shall also apply to application 
procedures and requirements for  temporary entry of a service supplier  related to  fulfilment of  
domestic regulations under Article VI:4.  S/WPDR/W/61 /Rev.1  
 
- 3 - 
 
11. Measures relating to licensing requirements and procedures, qualification requirements and 
procedures, technical standards , and application procedures and requirements for temporary entry 
shall be based on objective and transparent criteria that are relevant to the supply of the services 
to which they apply, such as competence and ability to supply a service.  
12. Nothing in these d isciplines prevents Members from exercising the right to introduce or 
maintain regulations in order to ensure provision of universal service, in a manner consistent with 
their obligations and commitments under the GATS.  
IV. TRANSPARENCY  
13. Each Member shall publish promptly, through printed or preferably electronic means, in one 
of the official languages of the WTO measures of general application relating to licensing 
requirements and procedures, qualification requirements and procedures, te chnical standards, and 
application procedures and requirements for temporary entry  related to  domestic regulations under 
Article VI:4,  as well as detailed information regarding these measures. This information shall include, 
inter alia, where it exists:  
(a) contact information of relevant competent authorities;  
(b) applicable licensing requirements and criteria, terms and conditions of licences, and 
 licensing procedures and fees;  
(c) applicable qualification requirements, criteria and procedures for verification and 
 assessment of qualifications including fees;  
(d) applicable technical standards;  
(e) procedures for processing applications for temporary entry of service suppliers ; 
(f) procedures relating to appeals or reviews of applications;  
(g) procedures for monitoring, or enforcing  compliance with the terms and conditions of 
 licences or qualifications;  
(h) where practicable, opportunities for public involvement, such as through hearings or 
 comment;  and 
(i) the indicative timeframe for processing of an application.  
Where publication is not  practicable, such information shall be made otherwise publicly available.  
14. Each Member shall maintain or establish appropriate mechanisms for responding to enquiries 
from any service suppliers regarding any measures relating to licensing requirements and 
procedures, qualification requirements and procedures, technical standards  and related application 
procedures and requirements for temporary entry . Such enquiries may be addressed through the 
enquiry and contact points established under Articles III and IV of the GATS or any other 
mechanisms as appropriate.  
15. To the extent practicable, and in a manner consistent with its legal system for adoption of 
measures, each Member should endeavour  to: 
(a) ensure that any measures of general application it proposes to ad opt in relation to matters 
 falling within the scope of these disciplines , including related application procedures and 
 requirements for temporary entry of service suppliers, are published in advance; and  
(b) provide reasonable opportunities for service suppliers to comment on such proposed 
 measures . S/WPDR/W/61 /Rev.1  
 
- 4 - 
 
16. The competent authority of a Member may consider the comments, as appropriate, and it is 
understood that the submission of comments does not oblige such authority  to accept them, in whole 
or in part, or to provide any individualized or collective response or reaction to the same.  
V. LICENSING AND QUALIF ICATION REQUIREMENTS  
17. Where a Member imposes licensing or qualification requirements for the supply of a service, 
it shall ensure that adequate procedures exist to enable an applicant to fulfill such requirements.  
18. In verifying and assessing qualifications and licensing requirements, the competent 
authority shall give due consideration to relevant professional experien ce of the applicant as a 
complement to educational qualifications. Where the competent authority considers that 
membership in a relevant professional association in the territory of another Member is indicative of 
the level of competence or extent of exper ience of the applicant, such membership shall also be 
given due consideration.  
19. Provided an applicant has presented all necessary supporting evidence of qualifications and 
licensing, the competent authority shall identify any deficiency and inform the appli cant of 
requirements to meet the deficiency. Such requirements may include, inter alia, course work, 
examinations, training, and work experience. Where appropriate, each Member shall allow applicants 
to fulfill such requirements in the home, host or any third jurisdiction.  
20. Once qualification requirements and any applicable licensing requirements have been 
fulfilled, each Member shall ensure that a service supplier is allowed to supply the service without 
undue delay, subject to the applicable terms and co nditions.  
21. Each Member shall afford adequate opportunities and mechanisms to other Members, 
especially developing country Members  and in particular the least -developed country Members , to 
negotiate their accession to agreements or arrangements pertaining to  recognition as referred to in 
Article VII :1 of the GATS. The Council for Trade in Services shall regularly monitor implementation 
of these agreements or arrangements.  
VI. LICENSING AND QUALIFICATION PROCEDURES  
22. Each Member shall ensure that licensing and qualification procedures are simple, reasonable 
and clear for applicants to demonstrate whether they meet the relevant licensing or qualification 
requirements.  
23. Each Member shall ensure that the licensing and qual ification procedures used by, and the 
related decisions of, the competent authority are impartial with respect to all applicants.  
24. Each Member shall, to the extent practicable, not require physical presence in the territory 
of a Member for the submission of  an application for a license or qualification.  
25. Each Member shall, to the extent practicable, avoid requiring an applicant to approach more 
than one competent authority per application for a licen ce or for qualification procedures. A Member 
may require multiple applications for such licen ce or qualification procedures, where a service is 
within the jurisdiction of multiple competent authorities.  
26. An applicant should be permitted to submit an applicati on at any time, except where licen ces 
are limited in numbers, including in public tendering. Where specific time periods for applications 
exist, an applicant shall be allowed a reasonable period for the submission of an application. The 
competent authority  shall, to the extent practicable, initiate the processing of an application without 
undue delay. Where domestic law permits, the competent authority shall accept authenticated copies 
in print and electronic formats, in place of original documents, unless they require original 
documents to protect the integrity of the qualification and/or licensing process. Competent 
authorities, to the extent practicable, should also endeavour to accept applications in electronic 
format, which are in accordance with the Mem ber’s domestic law.  
27. In the case of an application considered complete under domestic laws and regulations, 
within a reasonable period of time after the submission of the application, ensure that the processing S/WPDR/W/61 /Rev.1  
 
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of the application is completed, and that the applicant is informed of the decision concerning the 
application, and to the extent possible in writing. Each Member shall endeavour to the extent 
practicable to provide an estimation of the timeframe for processing of an application.  In case of 
pending ap plications, the competent authorities of a Member shall , at the request of the applicant, 
provide without undue delay information concerning the status of the application.  
28. Where the competent authority considers that an application is incomplete and/or 
determines that it needs additional information to reach a decision for the application to be 
considered complete, it shall, to the extent practicable, within a reasonable period of time:  
(a) inform the applicant ; 
(b) identify the additional information required t o complete the application ; and 
(c) provide the oppo rtunity to correct deficiencies;  
where none of the above is practicable, and the application is rejected due to incompleteness, ensure 
that the applicant is informed within a reasonable period of time.  
29. If the c ompetent authority rejects an application, it shall inform the applicant without undue 
delay, and to the extent practicable in writing. To the extent practicable, it should endeavour to 
inform the applicant, either upon its own initiative or upon request, of the reasons for rejection of 
the application and where possible, any deficiencies that have been identified. It should inform the 
applicant of the timeframe and of the procedures for any available appeal against the decision. It 
should permit an applica nt to resubmit an application in accordance with the relevant authority's 
established procedures, except where the relevant authority limits the number of licen ces or 
qualification determinations. It shall permit an applicant to resubmit an application wit hin reasonable 
time limits subject to fulfilment of prescribed requirements and procedures and availability and/or 
eligibility. An applicant should not be prevented from submitting another application solely on the 
basis of a previously rejected applicatio n. 
30. Each Member shall ensure that a licence, once granted, enters into effect without undue 
delay in accordance with its terms and conditions. Each Member shall also ensure that, once 
qualification requirements and any applicable licensing requirements have  been fulfilled, a service 
supplier is allowed to supply the service without undue delay. This is without prejudice to the 
fulfilment of any requirements other than the applicable qualification and licensing requirements.  
31. Each Member shall ensure that appl ication and processing fees related to licensing and 
qualification procedures are reasonable and transparent.  
32. Where examinations are required, the competent authority of a Member shall schedule such 
examinations at reasonably frequent intervals and provide  a reasonable period of time to enable 
applicants to request to take the examination. Each Member shall, to the extent practicable, having 
regard to the cost and administrative burden involved, encourage the competent authorities to use 
electronic means fo r conducting such examinations and to provide opportunities for conducting such 
examinations from the  home country of the applicant.  
VII. TECHNICAL STANDARDS  
33. Each Member shall encourage its competent authorities, when adopting technical standards, 
to adopt  technical standards developed through open and transparent processes, and shall 
encourage anybody designated to develop technical standards to use open and transparent 
processes . S/WPDR/W/61 /Rev.1  
 
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VIII.  APPLICATION PROCEDURES AND REQUIREMENTS FOR TEMPORARY ENTRY  
34. Each Member shall process as expeditiously as possible, applications for temporary entry of 
natural persons of another Member , including requests for extensions  of stay .1 
35. Each Member  shall, upon receiving an application, within a reasonable period of time notif y 
applicants of the following particulars:  
(a) receipt of the application ; 
(b) status of the application upon request ; 
(c) indicative time -frame for  processing of the application;  and 
 
(d) decision on the application, including the period of stay and other conditions.  
 
36. In case of an incomplete application, each Member shall notify promptly the applicant of the 
additional information required. Where practicable, each Member shall provide for the prompt review 
of and appropriate remedies for administrative decisions affect ing such temporary entry . 
37. Each Member  shall ensure that the fees charged by its competent authorities for the 
processing of an application for temporary entry are reasonable and transparent, and do not in 
themselves restrict the supply of the relevant serv ice through the movement of natural persons.  
38. Each Member  shall endeavour, to the extent possible, to provide facilities for online 
lodgement and processing of applications, particularly where additional information is required to be 
submitted for processin g. 
39. Each Member  shall ensure that application procedures are transparent and not unnecessarily 
burdensome.  
IX. TRANSITION  
40. A developing country Member shall not be required to apply th ese disciplines for a period 
of [X] years from their date of entry into force. This period shall be applicable for a graduated LDC 
from the date of graduation from LDC status. Before the end of this transitional time period, upon 
request by a developing country Member, the Council for Trade in Services may extend the time 
period to implement these disciplines.  
41. Where circumstances allow for the phased introduction of new licensing requirements and 
procedures, qualification requirements and procedures, and technical standards, Members shall 
consider longer phase -in periods for su ch measures in service sectors of export interest to 
developing country Members.  
42. LDCs shall not be required to apply these disciplines. LDCs are nonetheless encouraged to 
apply these disciplines, to the extent compatible with their special economic situati on and their 
development, trade and financial needs.  
X. DEVELOPMENT  
43. A Member may accord reduced administrative fees to service suppliers from developing 
country Members.  
44. Developed country Members, and to the extent possible other Members, shall provide 
technical assistance to developing country Members and in particular least -developed country 
                                                
1 Members recognize the right to regulate, and to introduce new regulations, on the supply of services 
within their territories in order to meet national policy objectives.  
 S/WPDR/W/61 /Rev.1  
 
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Members (LDCs), upon their request and on mutually agreed terms and conditions. Technical 
assistance shall be aimed, inter alia at: 
(a) developing and strengthening institutional and regulatory capacities to regulate the supply of 
services and to implement these disciplines;  
(b) assisting developing country and in particular LDC servi ce suppliers to meet the relevant 
requirements and procedures in export markets;  
(c) facilitating the establishment of technical standards and participation of developing country 
Members and in particular LDCs  facing resource constraints in the relevant international 
organizations;  and 
(d) assisting through public or private bodies and relevant international organizations, service 
suppliers of developing country Members in building their supply capacity and in complying 
with domestic regulation in their markets. Such assistance may also be provided directly to 
the respective service suppliers.  
XI. INSTITUTIONAL PROVIS IONS  
45. The Council for Trade in Services shall establish a Committee on Domestic Regulation for 
Mode 4 to oversee the implementation of these disciplines and the operation of Article VI of the 
GATS including any further work under Article VI:4 of the GATS.  
46. The Counci l for Trade in Services shall, upon request from any Member, review the operation 
of these disciplines and make recommendations as appropriate.  
 
_______________  
 
 
  S/WPDR/W/61 /Rev.1  
 
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ANNEX  
 
Please find attached a redline version of document S/WPDR/W/61/Rev.1, showing changes 
compared to the original document, S/WPDR/W/61.  
 
 
_______________  
 
 
 
GATS ARTICLE VI:4 - DISCIPLINES FOR SUPP LY OF A SERVICE THRO UGH THE PRESENCE 
OF A NATURAL PERSON OF A MEMBER IN THE T ERRITORY OF ANOTHER MEMBER  
DRAFT FOR DISCUSSION  
I. INTRODUCTION  
1. Pursuant to Article VI:4 of the GATS, Members have agreed to the following disciplines on 
domestic regulation which apply only to domestic regulation for the supply of a service through the 
presence of a natural person of a Member in the terri tory of another Member.  
2. Members recognize the right to regulate, and to introduce new regulations, on the supply of 
services within their territories in order to meet national policy objectives and, given asymmetries 
existing with respect to the degree of development of services regulations in different countries, the 
particular need of developing countries to exercise this right. These disciplines should not be 
construed to prescribe or impose particular regulatory approaches or any particular regulator y 
provisions in domestic regulation.  
3. Members recognize the difficulties which may be faced by individual developing country 
Members and in particular the least -developed country Members, in implementing disciplines on 
domestic regulation. Members also recognize the difficulties which may be faced by service suppliers, 
particularly those of least -developed country Members and developing country Members, in 
complying with measures relating to licensing requirements and procedures, qualification 
requiremen ts and procedures, and technical standards of other Members.  
II. DEFINITIONS  
4. "Licensing requirements" are substantive requirements, other than qualification 
requirements, with which a natural person is required to comply in order to obtain, amend or renew 
authorization to supply a service.  
5. "Licensing procedures" are administrative or procedural rules that a natural person, seeking 
authorization to supply a service, including the amendment or renewal of a licence, must adhere to 
in order to demonstrate compl iance with licensing requirements.  
6. "Qualification requirements" are substantive requirements relating to the competence of a 
natural person in relation to the supply a service, and which are required to be demonstrated for the 
purpose of obtaining authoriz ation to supply a service.  
7. "Qualification procedures" are administrative or procedural rules that a natural person must 
adhere to in order to demonstrate compliance with qualification requirements, for the purpose of 
obtaining authorization to supply a ser vice. 
8. "Technical standards" are measures that lay down the characteristics of a service or the 
manner in which it is supplied. Technical standards also include the procedures relating to the 
enforcement of such standards.  S/WPDR/W/61 /Rev.1  
 
- 9 - 
 
III. GENERAL PROVISI ONS 
9. These disciplines apply to measures by Members relating to licensing requirements and 
procedures, qualification requirements and procedures, and technical standards affecting trade in 
services through presence of natural persons where specific commitments are un dertaken. They do 
not apply to measures to the extent that they constitute limitations subject to scheduling under 
Article XVI or XVII.  
10. To ensure that these measures by Members do not in themselves constitute an unjustifiable 
impediment to the movement of natural persons, these disciplines shall also apply to application 
procedures and requirements for  temporary entry of a service supplier  related to  fulfilment of 
domestic regulations under Article VI:4.  
10. 11. Measures relating to licensing requirements and procedures, qualification requirements and 
procedures,  and technical standards , and application procedures and requirements for temporary 
entry  shall be based on objective and transparent criteria that are relevant to the supply of the 
services to which they apply, such as competence and ability to supply a service.  
11. 12. Nothing in these disciplines prevents Members from exercising the right to introduce or 
maintain regulations in order to ensure provisio n of universal service, in a manner consistent with 
their obligations and commitments under the GATS.  
IV. TRANSPARENCY  
12. 13. Each Member shall publish promptly, through printed or preferably  electronic means, in one 
of the official languages of the WTO measures of general application relating to licensing 
requirements and procedures, qualification requirements and procedures,  and technical standards, 
and application procedures and requirements for temporary entry related to  domestic regulations 
under Article VI:4,  as well as detailed information regarding these measures. This information shall 
include, inter alia, where it exists : 
(a) contact information of relevant competent authoritie s; 
(b) applicable licensing requirements and criteria, terms and conditions of licences, and 
 licensing procedures and fees;  
(c) applicable qualification requirements, criteria and procedures for verification and 
 assessment of qualifications including fees;  
(d) applicable technical standards;  
(e) procedures for processing applications for temporary entry of service suppliers;  
(e)(f)   procedures relating to appeals or reviews of applications;  
(f)(g)  procedures  for monitoring, or enforcing compliance with the terms and conditions of 
 licences or qualifications;  
(g)(h) where practicable, opportunities for public involvement, such as through hearings or 
 comment; and  
(i) the indicative timeframe for processing of an application.  
Where publication is not practicable, such information shall be made otherwise publicly available.  
13. 14. Each Member shall maintain or establish appropriate mechanisms for responding to enquiries 
from any service suppliers regarding any m easures relating to licensing requirements and 
procedures, qualification requirements and procedures, and technical standards and related 
application procedures and requirements for temporary entry . Such enquiries may be addressed 
through the enquiry and contact points established under Articles III and IV of the GATS or any S/WPDR/W/61 /Rev.1  
 
- 10 - 
 
other mechanisms as appropriate.  
 
14. 15. To the extent practicable, and in a manner consistent with its legal system for adop tion of 
measures, each Member shall should  endeavour to:  
 
(a) ensure that any measures of general application it proposes to adopt in relation to matters 
 falling within the scope of these disciplines , including related application procedures and 
 requirements for temporary entry of service suppliers,  are published in advance; and  
(b) provide reasonable opportunities for service suppliers to comment on such proposed 
 measures.  
15. 16. The competent authority of a Member may consider the comments, as  appropriate, and it is 
understood that the submission of comments does not oblige such authority to accept them, in whole 
or in part, or to provide any individualized or collective response or reaction to the same.  
 
V. LICENSING AND QUA LIFICATION REQUIREM ENTS  
16. 17. Where a Member imposes licensing or qualification requirements for the supply of a service, 
it shall ensure that adequate procedures exist to enable an applicant to fulfill such requirements.  
17. 18. In verifying and assessing qualifications and licensing requirements, the competent authority 
shall give due consideration to relevant professional experience of the applicant as a complement to 
educational qualifications. Where the competent authority considers that membership in a relevant 
professional association in the territory of another Member is indicative of the level of competence 
or extent of experience of the applicant, such membership shall also be given due consideration.  
18. 19. Provided an applicant has presented all necessary supporting evidence of qualifications and 
licensing, the competent authority shall identify any deficiency and inform the applicant of 
requirements to meet the deficiency. Such requirements may include, inter alia, course work, 
examinations, training, and work experience. Where appropriate, each Member shall allow applicants 
to fulfill such requirements in the home, host or any third jurisdiction.  
19. 20. Once qualification requirements and any applicable li censing requirements have been 
fulfilled, each Member shall ensure that a service supplier is allowed to supply the service without 
undue delay, subject to the applicable terms and conditions.  
20. 21. Each Member shall afford adequate opportunities and mec hanisms to other Members, 
especially developing country Members and in particular the least -developed country Members , to 
negotiate their accession to agreements or arrangements pertaining to recognition as referred to in 
Article VII:1 of the GATS. The Cou ncil for Trade in Services shall regularly monitor implementation 
of these agreements or arrangements.  
VI. LICENSING AND QU ALIFICATION PROCEDUR ES  
21. 22. Each Member shall ensure that licensing and qualification procedures are simple, reasonable 
and clear for applicants to demonstrate whether they meet the relevant licensing or qualification 
requirements.  
22. 23. Each Member shall ensure that the licensing and qualification procedures used by, and the 
related decisions of, the competent authority are impartial with respect to all applicants.  
24. Each Member shall, to the extent practicable, not require physical presence in the territory of a 
Member for the s ubmission of an application for a license or qualification.  
23. 25. Each Member shall, to the extent practicable, avoid requiring an applicant to approach more 
than one competent authority per application for a licence  or for qualification procedures. A Member 
may require multiple applications for such licence or qualification procedures, where a service is 
within the jurisdiction of multiple competent authorities.  S/WPDR/W/61 /Rev.1  
 
- 11 - 
 
24. 26. An applicant should be permitted to submit an a pplication at any time, except where licences 
are limited in numbers, including in public tendering. Where specific time periods for applications 
exist, an applicant shall be allowed a reasonable period for the submission of an application. The 
competent authority shall, to the extent practicable, initiate the processing of an application without 
undue delay. To the extent practicable, competing authorit ies of Members should endeavour to 
accept applications in electronic format which are authenticated in accordance with the Member’s 
domestic law, in place of original documents, unless they require original documents to protect the 
integrity of the qualifi cation and/ or licensing process. Where domestic law permits, the competent 
authority shall accept authenticated copies in print and electronic formats, in place of original 
documents, unless they require original documents to protect the integrity of the qualification and/ 
or licensing process. Competent authorities, to the extent practicable, should also endeavour to 
accept applications in electronic format, which are in accordance with the Member’s domestic law.  
 
27. In the case of an application considered complete under domestic laws and regulations, within 
a reasonable period of time after the submission of the application, ensure that the processing of 
the application is completed, and that the applicant is infor med of the decision concerning the 
application, and to the extent possible in writing. Each Member shall endeavour to the extent 
practicable to provide an estimation of the timeframe for processing of an application.  In case of 
pending applications, the co mpetent authorities of a Member shall , at the request of the applicant, 
provide without undue delay information concerning the status of the application . 
25. 28. Where the competent authority considers that an application is incomplete and/or determines 
that it needs additional information to reach a decision for the application to be considered complete, 
it shall, to the extent practicable, within a reasonable per iod of time:  
(a) inform the applicant;  
(b) identify the additional information required to complete the application; and  
(c) provide the opportunity to correct deficiencies;  
where none of the above is practicable, and the application is rejected due to incompleteness , ensure 
that the applicant is informed within a reasonable period of time.  
26. Each Member shall, to the extent practicable, ensure that the processing of an application, 
including reaching a final decision, is completed within a reasonable timeframe from  the submission 
of a complete application. Each Member shall endeavour to the extent practicable to provide an 
estimation of the timeframe for processing of an application.  
27. 29. If the competent authority rejects an application, it shall inform the appl icant without undue 
delay, and to the extent practicable in writing. To the extent practicable, it should endeavour to 
inform the applicant, either upon their its own initiative or upon request, of the reasons for rejection 
of the application and where possible, any deficiencies that have been identified. It should inform 
the applicant of the timeframe and of the procedures for any available appeal against the decision. 
It should permit an applicant to resubmit an application in accordance with the relev ant authority's 
established procedures, except where the relevant authority limits the number of licences or 
qualification determinations. It shall permit an applicant to resubmit an application within reasonable 
time limits subject to fulfilment of prescr ibed requirements and procedures and availability and/or 
eligibility. An applicant should not be prevented from submitting another application solely on the 
basis of a previously rejected application.  
28. The competent authority shall, to the extent  its do mestic law  permits , accept authenticated 
copies in place of original documents.  
29. In the case of an application considered complete under domestic laws and regulations, within 
a reasonable period of time after the submission of the application, ensure th at the processing of 
the application is completed, and that the applicant is informed of the decision concerning the 
application, and to the extent possible in writing. Each Member shall endeavour to the extent 
practicable to provide an estimation of the t imeframe for processing of an application. In case of 
pending applications, the competent authorities of a Member shall, at the request of the applicant, 
provide without undue delay information concerning the status of the application . S/WPDR/W/61 /Rev.1  
 
- 12 - 
 
30. Each Member shall ensure that a licence, once granted, enters into effect without undue delay 
in accordance with its terms and conditions. Each Member shall also ensure that, once qualification 
requirements and any applicable licensing requirements have been fulfilled , a service supplier is 
allowed to supply the service without undue delay. This is without prejudice to the fulfilment of any 
requirements other than the applicable qualification and licensing requirements.  
31. Each Member shall ensure that application and  processing fees related to licensing and 
qualification procedures are reasonable and transparent.  
 
32. Where examinations are required  for qualification procedures , the competent authority of a 
Member shall schedule such examinations at reasonably freque nt intervals and provide a reasonable 
period of time to enable applicants to request to take the examination. Each Member shall, to the 
extent practicable, having regard to the cost and administrative burden involved, encourage the 
competent authorities to  use electronic means for conducting such examinations and to provide 
opportunities for conducting such examinations from the home country of the applicant.  
VII. TECHNICAL STANDARDS  
33. Each Member shall encourage its competent authorities, when adopting technical standards, to 
adopt technical standards developed through open and transparent processes, and shall encourage 
anybody designated to develop technical standards to use open and transparent processes.  
VIII. APPLICATION PROCEDURES AND REQUIREMENTS F OR TEMPORARY ENTRY  
 
34. Each Member shall process as expeditiously as possible, applications for temporary entry of 
natural persons of another Member , including requests for extensions  of stay .1
 
35. Each Member shall upon receiving an application, within a reasonable period of time notify 
applicants of the following particulars:  
 
(a) receipt of the application ; 
 
(b) status of the application upon request ; 
 
(c) indicative time -frame for processing of the application ; and 
 
(d) decision on the application, including the period of stay and other conditions.  
36. In case of an incomplete application, each Member  shall notify promptly the applicant of the 
additional information required. Where practicable, each Member  shall provi de for the prompt review 
of and appropriate remedies for administrative decisions affecting such temporary entry.  
 
37. Each Member shall ensure that the fees charged by its competent authorities for the processing 
of an application for temporary entry are reasonable and transparent, and do not in themselves 
restrict the supply of the relevant service through the movement of natural persons.  
 
38. Each Member shall endeavour, to the extent possible, to provide facilities for online lodgement 
and processing of  applications, particularly where additional information is required to be submitted 
for processing.  
 
39. Each Member shall ensure that application procedures are transparent and not unnecessarily 
burdensome.  
 
IX. VIII.  TRANSITION  
34. 40. A developing country Member shall not be required to apply these disciplines for a period of 
[X] years from their date of entry into force. This period shall be applicable for a graduated LDC 
                                                
1 Members recognize the right to regulate, and to introduce new regulations, on the supply of services 
within their territories in order to meet national policy objectives.  
 S/WPDR/W/61 /Rev.1  
 
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from the date of graduation from LDC status. Before the end of t his transitional time period, upon 
request by a developing country Member, the Council for Trade in Services may extend the time 
period to implement these disciplines.  
35. 41. Where circumstances allow for the phased introduction of new licensing requireme nts and 
procedures, qualification requirements and procedures, and technical standards, Members shall 
consider longer phase -in periods for such measures in service sectors and modes of supply of export 
interest to developing country Members.  
36. 42. LDCs shall not be required to apply these disciplines. LDCs are nonetheless encouraged to 
apply these disciplines, to the extent compatible with their special economic situation and their 
development, trade and financial needs.  
IX. DEVELOPMENT  
37. 43. A Member may accord reduced administrative fees to service suppliers from developing 
country Members.  
38. 44. Developed country Members, and to the extent possible other Members, shall provide 
technical assistance to developing country Members and in particular least -developed country 
Members (LDCs), upon their request and on mutually agreed terms and conditions. Technical 
assistance shall be aimed, inter alia at: 
(a) developing and strengthening institutional and regulatory capacities to regulate the supply of 
services and to implement these disciplines;  
(b) assisting developing country and in particular LDC servi ce suppliers to meet the relevant 
requirements and procedures in export markets;  
(c) facilitating the establishment of technical standards and participation of developing country 
Members and in particular LDCs facing resource constraints in the relevant in ternational 
organizations; and  
(d) assisting through public or private bodies and relevant international organizations, service 
suppliers of developing country Members in building their supply capacity and in complying 
with domestic regulation in their mar kets. Such assistance may also be provided directly to 
the respective service suppliers.  
XI. INSTITUTIONAL PROV ISIONS  
39. 45. The Council for Trade in Services shall establish a Committee on Domestic Regulation for 
Mode 4 to oversee the implementation of these disciplines and the operation of Article VI of the 
GATS  as well as  including  any further work under Article VI:4 of the G ATS. 
40. 46. The Council for Trade in Services shall, upon request from any Member, review the operation 
of these disciplines and make recommendations as appropriate.  
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