WT/MIN(17)/7  
WT/GC/190  
 
 
 
1 December  2017 
(17-6616) Page: 1/7 
Ministerial Conference  
Eleventh Session  
Buenos Aires, 10 -13 December 2017  Original: English  
 
 
COMMUNICATION FROM ALBANIA; ARGENTINA; AUSTRALIA ; CANADA; CHILE; 
COLOMBIA; COSTA  RICA; THE  EUROPEAN UNION; HONG  KONG, CHINA; ICELAND ; 
ISRAEL; JAPAN; THE REPUBLIC OF KAZAKHSTAN; THE REPUBLIC OF KOREA; 
LIECHTENSTEIN; MEXIC O; THE  REPUBLIC OF MOLDOVA;  MONTENEGRO; NEW ZEALAND; 
NORWAY;  PERU; THE  RUSSIAN FEDERATION; SWITZERLAND; THE  SEPARATE CUSTOMS 
TERRITORY OF TAIWAN,  PENGHU, KINMEN AND M ATSU; TURKEY; UKRAINE; AND 
URUGUAY  
DISC IPLINES ON D OMESTIC REGULATION  
The following c ommunication, dated 30 November  2017, is being circulated  at the request of the 
delegations of Albania ; Argentina; Australia; Canada; Chile; Colombia; Costa Rica; the  European 
Union; Hong  Kong, China; Iceland; Israel; Japa n; the Republic of Kazakhstan; the  Republic of 
Korea; Liechtenstein; Mexico; the  Republic of Moldova; Montenegro ; New  Zealand; Norway; Peru; 
the Russian Federation ; Switzerland; the  Separate Customs Territory of Taiwan, Penghu, Kinmen 
and Matsu; Turkey; Uk raine; and Uruguay .  
 
_______________  
 
Since the last Ministerial Conference, we have made important progress in the Working Party on 
Domestic Regulation (WPDR) on proposed Disciplines on Domestic Regulation pursuant to the 
mandate contained in Article VI: 4 of the General Agreement on Trade in Services.   
 
We welcome the high level of engagement across the Membership that has contributed to shaping 
the proposal from the initial identification of elements for inclusion in June 2016 (JOB/SERV/236); 
the submis sion of individual elements in response to calls for focused pragmatic proposals between 
September 2016 and June 2017 (JOB/SERV/239, JOB/SERV/250, JOB/SERV/251, JOB/SERV/252, 
JOB/SERV/257, JOB/SERV/258 and JOB/SERV/261); the consolidated text proposal in S eptember 
2017 (JOB/SERV/268); and the revised text proposal in October 2017 (JOB/SERV/272).  We have 
introduced several subsequent revisions to accommodate further proposals from Members, 
respond to concerns and questions, and include additional co -sponsor s. 
 
The proposal reflects a careful balance of ambition and do -ability, informed by many years of 
negotiations in the WPDR.  Outcomes on domestic regulation would deliver real benefits for all 
services suppliers  – including  for developing and least develop ed country (LDC) service suppliers, 
and especially for women and MSMEs  – through reduced regulatory red tape, streamlined 
procedures for qualifications and licensing and increased transparency.  The proposal provides for 
targeted technical assistance and capacity building to strengthen institutional and regulatory 
capacity to support implementation, as well as to assist developing countries and LDCs to develop 
their services supply capacity and to meet regulatory requirements in export markets.  
 
We look fo rward to a productive discussion on services domestic regulation at the 11th Ministerial 
Conference in Buenos Aires.  
 
_______________  
 
  WT/MIN(17)/7 • WT/GC/190  
 
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  DISCIPLINES ON DOMES TIC REGULATION  
 
1  GENERAL PROVISIONS  
 
1.1 Recognising  the difficulties which may be faced by service suppliers, particularly those of 
developing country Members, in complying with measures relating to licensing requirements 
and procedures, qualification requirements and procedures, and technical standards of other 
Members  and in particular,  the specific d ifficulties which may be faced by service suppliers 
from least -developed country Members,  the Members have agreed the following disciplines 
on Domestic Regulation with the objective of elaborating upon the provisions of the General 
Agreement on Trade in Se rvices (“the Agreement”), pursuant to Article VI.4 of the 
Agreement.  
 
1.2 Members recognize the right to regulate, and to introduce new regulations, on the supply of 
services within their territories in order to meet their policy objectives. These disciplines 
shall not be construed to prescribe or impose particular regulatory approaches or any 
particular regulatory provisions in domestic regulation.  
 
1.3 Nothing in these disciplines shall be construed as diminishing the rights and obligations of 
any Member under the Agreement. All provisions of th e Agreement, including Articles  IIIbis, 
XIV and XIV bis, apply to these disciplines.  
 
1bis SCOPE  
 
1bis.1  These  disciplines apply to measures by Members relating to licensing requirements and 
procedures, qualification requirements and procedures, and technical standards affecting 
trade in services where specif ic commitments are undertaken. They do not apply to any 
terms, limitations, conditions, or qualifications set out in a Member’s schedule pursuant to 
GATS Article XVI or XVII.  
 
1bis.2  For the purpose of these disciplines, “authorisation” means the granting of permission to a 
person to supply a service, as a result of a procedure a person must adhere to in order to 
demonstrate compliance with licensing requirements, qualification requirements or technical 
standards.  
 
2  ADMINISTRATION OF MEASURES  
 
Submission of Applications  
2.1 Each Member shall, to the extent practicable, avoid requiring an applicant to approach 
more than one competent authority for each application for authorisation.  A Member may 
require multiple applications for authorisation where a service is within the jurisdiction of 
multiple competent au thorities.  
 
Application Timeframes  
2.2 Where authorisation is required for the supply of a service, the competent authorities of a 
Member shall:  
(a) to the extent practicable, permit an applicant to submit an application at any time; 
and  
(b) allow a reasonable pe riod for the submission of an application where specific time 
periods for applications exist.  
 WT/MIN(17)/7 • WT/GC/190  
 
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  Electronic Applications and Acceptance of Copies  
2.3 Where authorisation is required for the supply of a service, the competent authorities of a 
Member shall:  
(a) taking into account their competing priorities and resource constraints, endeavour 
to accept applications in electronic format; and  
(b) accept copies of documents, which are authenticated in accordance with the 
Member’s domestic law, in place of original docume nts, unless they require original 
documents to protect the integrity of the authorisation process.  
 
Processing of Applications  
2.4 Where authorisation is required for the supply of a service,  the competent authorities of a 
Member shall:  
(a) to the extent practicable, provide an indicative timeframe for processing of an 
application;  
(b) to the extent practicable ascertain without undue delay the completeness of an 
application for processing under domestic laws and regulations;   
(c) in the case of an application co nsidered 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 informed  of the decision concerning the  application, and to the 
extent possible in writing1; 
(d) at the request of the applicant, provide without undue delay information 
concerning the status of the application;  
(e) in the case of an application considered incomplete for processing under domestic 
laws and regulations, within a reasonable period of time, to the extent practicable:  
i. inform the applicant that the application is incomplete;  
ii. at the request of the applicant provide guidance on why the application is 
considered incomplete;  
iii. provide the applica nt with the opportunity2 to provide the additional 
information that is required to  complete the application; and  
where none of the above is practicable, and the application is rejected due to 
incompleteness, ensure that the applicant is informed within a r easonable period of 
time; and  
(f) in the case of a rejected application, to the extent possible, either upon their own 
initiative or upon the request of the applicant, inform the applicant of the reasons 
for rejection and, where applicable, the procedures for resubmission of an 
application.  An applicant should not be prevented from submitting another 
application solely on the basis of a previously rejected application.  
2.5 The competent authorities of a Member shall ensure that authorisation, once granted, 
enters into effect without undue delay subject to the applicable terms and conditions.  
 
                                                
1  Competent authorities can meet this requirement by informing an applicant  in advance in writing, 
including through a published measure, that lack of response after a specified period of time from the date of 
submission of the application indicates either acceptance or rejection of the application. For greater certainty, 
"in writing" may include in electronic form.  
2  For greater certainty, such opportunity does not require a competent authority to provide extensions 
of deadlines.  WT/MIN(17)/7 • WT/GC/190  
 
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  Fees  
2.6 Each Member shall ensure that the authorisation fees3 charged by the competent authority 
are reasonable, transparent, and do not in themselves restrict the supply of the relevant 
service.  
 
Examinations  
2.7 Where examinations are required for authorisation for the supply of a service, the 
competent authorities 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.  
 
3  INDEPENDENCE  
 
3.1 Where a Member adopts or maintains measures relating to  authorisation  for the supply of 
a service, the Member shall ensure that the competent authority reaches and administers 
its decisions in an independent manner.  
 
4  TRANSPARENCY  
 
Publication and Information available  
4.1 Where a Member requires authorisation for supply of a service, further to GATS Article III, 
the Member shall promptly publish4 or otherwise make pu blicly available the information 
necessary for service suppliers or persons seeking to supply a service to comply with the 
requirements and procedures for obtaining, maintaining, amending and renewing such 
authorisation. Such information shall include, int er alia, where it exists:  
a. the requirements and procedures;  
b. contact information of relevant competent authorities;  
c. fees; 
d. technical standards;  
e. procedures for appeal or review of decisions concerning applications;  
f. procedures for monitoring or enforcing compliance with the terms and 
conditions of licenses or qualifications;  
g. opportunities for public involvement, such as through hearings or comments;  
h. indicative timeframes for processing of an application.  
 
Enquiry Points  
4.2 Each Member shall maintain or es tablish appropriate mechanisms for responding to 
enquiries from service suppliers or persons seeking to supply a service regarding the  
measures referred to in paragraph 1 bis.1.5 Such enquiries may be addressed through the 
enquiry and contacts points establ ished under Articles III and IV of the GATS or any other 
mechanisms as appropriate.  
 
                                                
3  Authorisation fees do not include fees for the use of natural resources, payments for  auction, 
tendering or other non -discriminatory means of awarding concessions, or mandated contributions to universal 
service provision.  
4  For purposes of these disciplines, "publish"  means to include in an official publication, such as an 
official journal, or on an official website.  Members are encouraged to consolidate electronic publications into a 
single portal.  
5  It is understood that resource constraints may be a factor in determining whether a mechanism for 
responding to enquiries is appropriate.  WT/MIN(17)/7 • WT/GC/190  
 
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  Opportunity to Comment and Information before Entry into Force  
4.3 To the extent  practicable and in a manner consistent with its legal system for adopting 
measures each Me mber6 shall publish in advance its laws and regulations of general 
application it proposes to adopt in relation to matters falling within the scope of 
paragraph  1bis.1, or publish in advance documents that provide sufficient details about 
such a possible new law or regulation to allow interested persons and other Members to 
assess whether and how their interests might be significantly affected.  
 
4.4  To the extent practicable and in a manner consistent with its legal system for adopting 
measures each Membe r is encouraged to apply paragraph 4.3 to procedures and 
administrative rulings of general application it proposes to adopt in relation to matters 
falling within the scope of paragraph 1 bis.1. 
 
4.5 To the extent practicable and in a manner consistent with its legal system for adopting 
measures each Member  shall provide interested persons and other Members a reasonable 
opportunity to comment on such proposed measures or documents published  under 
paragraph 4.3 or 4.4.  
 
4.6 To the extent practicable and in a m anner consistent with its legal system for adopting 
measures each Member  shall consider7 comments received under paragraph 4.5.  
 
4.7 In publishing a law or regulation referred to in paragraph 4.3, or in advance of such 
publication, a Member is encouraged t o explain the purpose and rationale of the law or 
regulation.  
 
4.8 Each Member shall, to the extent practicable, endeavour to allow reasonable time between 
publication of the text of a law or regulation referred to in paragraph 4.3 and the date on 
which service suppliers must comply with the law or regulation.   
[4.9 Except in emergency situations, no law or regulation referred to in paragraph 4.3 shall 
enter into force prior to  publication. ] 
 
5  TECHNICAL STANDARDS  
 
5.1 Each Member shall encourage its compet ent 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.  
 
6  DEVELOPMENT OF MEASURES  
 
6.1 Where a Member adopts or maintains measures relating to  authorisation  for the supply of 
a service, the Member shall ensure that:  
(a) such measures are based on objective and transparent criteria8; 
(b) the procedures are impartial, and that the procedures are adequate for applicants 
to demonstrate whether they meet the requirements, where such requirements 
exist;  
(c) the procedures [are reasonable and  do not in themselves unduly  prevent] 
fulfilment of requirements.  
                                                
6  Members un derstand that paragraph 4.3 to 4.6 recognize that Members have different systems to 
consult interested persons and other Members on certain measures before they are final, and that the 
alternatives set out in paragraph 4.3 reflect different legal systems.  
7  This provision does not place any obligation on the final decision of a Member that adopts or 
maintains any measure for authorisation for the supply of a service.  
8  For greater certainty, such criteria may include, inter alia , competence  and the  ability to supply a 
service, including to do so in a manner consistent with a Member’s regulatory requirements, such as health a nd 
environmental  requirements.  Competent authorities may assess the weight to be given to e ach criterion.  WT/MIN(17)/7 • WT/GC/190  
 
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7  DEVELOPMENT  
 
7.1.  Recognising the difficulties which may be faced by individual developing country Members 
in implementing disciplines on domestic regulation, particularly difficulties relating to level 
of development, and regulatory and institutional capacity, a developing country Mem ber 
may delay the entry into force of specified provisions of these disciplines, for periods of no 
longer than [x] years. These provisions and their transition periods shall be specified in 
[Annex 1]. Before the end of a transitional time period, upon requ est by the developing 
country Member concerned, the Council for Trade in Services may extend the time period 
to implement the provision, based on that Member's level of development, size of the 
economy, and regulatory and institutional capacity.  
 
7.2.  Least-developed country Members (LDCs) shall not be required to apply these disciplines.  
LDCs are nonetheless encouraged to apply these disciplines, to the extent consistent with 
their individual development, trade and financial needs or their administrative  and 
institutional capacities.  On graduation from LDC status, a graduated Member may delay 
the entry into force of these disciplines by notifying the Council for Trade in Services of 
transition periods in accordance with par agraph 1. Members shall give sp ecial 
consideration to any request by a graduated Member to the Council for Trade in Services 
to extend the time period to implement these disciplines.  
 
7.3.  Developed and developing Members, in a position to do so, are encouraged to provide 
specific tech nical assistance and capacity building to developing country Members and in 
particular LDCs, upon their request and on mutually agreed terms and conditions, aimed 
inter alia at:  
(a) developing and strengthening institutional and regulatory capacities to r egulate the 
supply of services and to implement these disciplines;  
(b) assisting developing country and in particular LDC service suppliers to meet the 
relevant requirements and procedures in export markets;  
(c)     facilitating the establishment of techni cal standards and participation of developing 
country Members and in particular LDCs facing resource constraints in the relevant 
international organizations;  
(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.  
 
 
PROPOSAL FROM ALBANIA; ARGENTINA; AUSTRALIA ; CANADA; CHILE; COLOMBIA; 
THE EUROPEAN UNION; ICELAND; THE REPUBLIC OF KAZAKHSTAN; LIECHTENSTEIN; 
THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA;  THE REPUBLIC OF MOLDOVA; 
MONTENEGRO; NEW ZEALAND; NORWAY; PAKISTAN;  PANAMA; PARAGUAY; PERU;  
THE RUSSIAN FEDERATION;  AND URUGUAY  
 
Women’s Economic Empowerment  
6.2   With a view to promot ing women’s economic empowerment, where  a Member adopts or 
maintains measures relating to authorisation for the supply of a service, the Member shall 
ensure that such measures do not discriminate against women.9 
 
 
                                                
9  For greater certain ty, legitimate differentiation, which means differential treatment that is reasonable 
and objective, and aims to achieve a legitimate purpose, and adoption by Members of temporary special 
measures aimed at accelerating de facto equality  between men and wom en, shall not be considered 
discrimination for the purposes of this provision.  WT/MIN(17)/7 • WT/GC/190  
 
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  PROPOSAL FROM CHILE; HONG KONG, CHINA; THE  REPUBLIC OF MOLDOVA; PERU;   
NEW ZEALAND AND SWITZERLAND  
 
Necessity Test    
6.3  Where a Member adopts or maintains measures relating to authorisation  for the supply of 
a service , the Member shall ensure that such measures are  not more burdensome than 
necessary to ensure the quality of the service.  
In determining whether a Member is in conformity with the obligation under this paragraph 
or under (a) and (c) of paragraph 6.1, account shall be taken of international standards of 
relevant international organizations10 applied by that Member.  
 
 
__________  
                                                
10  The term "relevant international organizations" refers to international bodies whose membership is 
open to the relevant bodies of at least all Members of the WTO.