RESTRICTED  
  
TN/S/W/63/Rev.1  
 
27 July 2017 
(17-4127) Page: 1/13 
Council for Trade in Services  
Special Session  
 Original: English  
 
 COMMUNICATION FROM I NDIA  
TRADE FACILITATION A GREEMENT FOR SERVICE S 
Revision  
The following communication, dated 27 July 2017, from the delegation of India is being circulated 
to the Members of the Council for Trade in Services  - Special Session . 
 
__________ _____  
 
 
1.1.  On 6 October 2016, India tabled its proposal on the 'Concept Note for an Initiative on Trade 
Facilitation in Services' (S/WPDR/W/55) at the Working Party on Domestic Regulation (WPDR) 
meeting, with the objective to briefly outline the concept of a Trade Facilitation Agreement for 
Services (TFS Agreement).  
1.2.  On 25  November 2016, India presented an Elements Paper (S/WPDR/W/57) at the WPDR 
meeting proposing the possible elements of the TFS Agreement, as conceived by India, in a more 
detailed manner.  
1.3.  India ta bled its draft legal text on a ' Trade Facilitation Agreement for Services ' (TFS) 
on 23 February 2017. The draft legal text has provisions relating to facilitating trade in services, 
development as well as institutional provisions. India had presented  the draft legal Text at the 
meeting of the WPDR (S/WPDR/W/58) on 14 March 2017, at the CTS (S/C/W/372)  on 16 March 
2017 and at the C ouncil for Trade in Services – Special Session  (TN/S/W/63) on 3 May 2017 . 
1.4.  India is grateful for all the feedback it has rec eived in the form of various comments and 
suggestions by the Members. In the spirit of constructive engagement, India has sought to refine 
the draft TFS text in order to make the TFS text more meaningful and acceptable.  
1.5.  The revised draft legal text is atta ched. India requests that this Communication and draft 
legal text be circulated to the Members of the Council for Trade in Services – Special Session . 
India has also circulated the version with changes tracked to the original draft legal TFS text with 
explanatory notes as a JOB Document (JOB/SERV/267) f or ready reference of Members.  TN/S/W/6 3/Rev.1  
 
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  TRADE FACILITATION A GREEMENT FOR SERVICE S 
DRAFT TEXT FOR DISCU SSION  
PREAMBLE  ................................ ................................ ................................ ........................  3 
SECTION I: FACILITAT ING TRADE IN SERVICE S ................................ ..............................  4 
ARTICLE 1: SCOPE AND  DEFINITIONS  ................................ ................................ .............  4 
ARTICLE 2: PUBLICATI ON AND AVAILABILITY OF INFORMATION  ................................ ... 5 
1   Publication  ................................ ................................ ................................ ..................  5 
2   Opportunity To Comment and Information before Entry into Force  .............................  5 
3   Enquiry/Contact Points  ................................ ................................ ...............................  6 
4   Notification  ................................ ................................ ................................ .................  6 
ARTICLE 3: ADMINISTR ATION OF MEASURES  ................................ ................................ .. 6 
1   Single Window  ................................ ................................ ................................ ............  6 
2   Application Timeframes ................................ ................................ ...............................  6 
3   Electronic Applications And Acceptance Of Copies  ................................ ......................  6 
4   Processing of Applications  ................................ ................................ ..........................  6 
5   Information And Verification Reque sts ................................ ................................ ....... 7 
6   Fast-Track Procedure  ................................ ................................ ................................ .. 7 
ARTICLE 4:  FEES AND  CHARGES  ................................ ................................ ......................  8 
ARTICLE 5: ADMINISTR ATION OF ECONOMIC NE EDS TESTS  ................................ ............  8 
ARTICLE 6: PROVISION S PERTAINING TO RECO GNITION  ................................ ................  8 
1   Qualification and Lice nsing Requirements and Procedures  ................................ .........  8 
2   Recognition Agreements  ................................ ................................ .............................  9 
ARTICLE 7: FACILITAT ING CROSS -BORDER FLOW OF INFOR MATION  ..............................  9 
ARTICLE 8: FACILITAT ING CONSUMPTION ABRO AD ................................ ........................  9 
1   Cross Border Insurance Coverage  ................................ ................................ ...............  9 
2   Emergency Authorisation  ................................ ................................ ............................  9 
ARTICLE 9: PROVISION S FACILITATING MOVEM ENT OF NATURAL PERSO NS ..................  9 
1   Grant Of Entry  And Temporary Stay  ................................ ................................ ............  9 
2   Multiple Entry  ................................ ................................ ................................ ............  10 
3   Social Security Contributions  ................................ ................................ ....................  10 
ARTICLE 10:  COOPERA TION AMONG COMPETENT  AUTHORITIES  ................................ .. 10 
SECTION II: DEVELOPM ENT PROVISIONS  ................................ ................................ ...... 11 
ARTICLE 11:  SPEC IAL AND DIFFERENTIAL  TREATMENT  ................................ ................  11 
ARTICLE 12: TECHNICA L ASSISTANCE  ................................ ................................ ...........  11 
SECTION III: INSTITU TIONAL ARRANGEMENTS AND FINAL PROVISIO NS .....................  11 
ARTICLE 13: INSTITUT IONAL ARRANGEMENTS  ................................ ..............................  11 
1   Committee on Trade Facilitation in Services  ................................ ..............................  11 
2   National Committee on Trade Facilitation in Services ................................ ................  12 
ARTICLE 14: FINAL PR OVISIONS  ................................ ................................ ...................  12 TN/S/W/6 3/Rev.1  
 
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PREAMBLE  
Members,  
 
Recognizing  the significant and growing share of services in the global economy and international 
trade, the critical role of services in economy -wide and firm -level competitiveness, and the 
importance of timely and cost -effective delivery of services for Members;  
Considering  the need to facilitate the movement of information, data, technology and natural and 
juridical persons to enable services trade in an increasingly globalized and digitized world;  
Recognizing  the need to focus on regulatory cooperation and mechanis ms to facilitate the 
meaningful implementation of trade in services;  
Recognizing  the importance of transparency, objectivity, clarity, predictability, impartiality, 
reasonableness, timeliness, and easing the regulatory burden in providing the basis for rea lization 
of the full benefits of trade in services;  
Recognizing 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 re spect to the degree of development of services regulations in different Members, the 
particular need of developing cou ntries to exercise this right. Recognizing further that this 
Agreement should not be construed to prescribe or impose particular regulator y approaches or any 
particular regulatory provisions in relation to measures affecting the supply of services.  
Desiring  to clarify and improve relevant aspects of GATS Article III (Transparency), Article IV 
(Increasing the Participation of Developing Count ries), Article VI (Domestic Regulation), Article VII 
(Recognition), Article XIX (Negotiations on Specific Commitments) and the Annex on Movement of 
Natural Persons Supplying Services under the Agreement, with a view to addressing issues 
relevant for facili tating trade in services;  
Reiterating  the need to facilitate the increasing participation of developing and especially least 
developed country Members in trade in services, including inter alia, through assistance and 
support for capacity building with a v iew to strengthening their domestic services capacity, 
efficiency and competitiveness;  
Taking particular account  of the serious difficulty of the least -developed country Members in view 
of their special economic situation and their development, trade and financial needs;  
Recognizing the need for effective cooperation on trade facilitation among Members;  
Hereby agree as follows:  TN/S/W/6 3/Rev.1  
 
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  SECTION I: FACILITAT ING TRADE IN SERVICE S 
ARTICLE 1: SCOPE AND  DEFINITIONS  
1. The provisions of this Agreement shall apply to measu res by Members affecting trade in 
services where specific commitments are undertaken. They do not apply to measures to the 
extent that they constitute limitations subject to scheduling under GATS Article XVI or 
Article  XVII. 
2. Members shall use the definitio ns and terms established under the General Agreement on 
Trade in Services, except where specific definitions have been provided under this Agreement.  
3. The following terms shall have the meanings as set forth below:  
 
(a) "Authorisation " refers to the granting of  permission to a natural or juridical person to 
supply a service in or into the territory or a regional sub -division of a Member, and 
includes a license or a determination that such a person is qualified to supply a service.1 
"Authori sation" does not inclu de measures:  
(i) governing the general conduct of business, including locations, times of operation 
and similar conditions;  
(ii) governing the safety or the impact on human, animal or plant life or health of the 
service or the physical structures associated with th e service; or  
(iii) concerning government procurement.  
(b) "Competent authority " means central, regional or local government or authority as well 
as a non -governmental body in the exercise of the powers delegated by such central, 
regional or local governments or  authority that are directly or indirectly responsible for 
permitting or enabling the supply of a service, and includes authorities responsible for 
authorisation and measures relating to entry and temporary stay.  
(c) "Fees and Charges " refers to fees and charg es payable in respect of the supply of a 
service.2 
(d) "Licensing procedures " are administrative or procedural rules that a natural or a juridical 
person, seeking authorisation to supply a service, including the amendment or renewal of 
a licence, must adhere t o in order to demonstrate compliance with licensing requirements.  
(e) "Licensing requirements " are substantive requirements, other than qualification 
requirements, with which a natural or a juridical person is required to comply in order to 
obtain, amend or re new authorisation to supply a service.  
(f) "Measures relating to Entry and Temporary Stay " means measures and associated 
procedures relating to the entry and temporary stay of a natural person, including 
measures relating to the issuance of a visa, permit, pas s or other document or electronic 
authority granting a natural person of a Member entry and temporary stay in the territory 
of another Member for the supply of or consumption of services.3 
(g) "Qualification procedures " are administrative or procedural rules t hat a natural person 
must adhere to in order to demonstrate compliance with qualification requirements, for the 
purpose of obtaining authorisation to supply a service.  
                                                
1 The term ‘Authorisation’ includes l icensing requirements, licensing procedures, qualification 
requirements and qualification procedures.  
2 Fees do not include fees for the use of natural resources, payments for auction, tendering or other 
non-discriminatory means of awarding concessions or licenses, or mandated contributions to universal service 
provision.  
3 It is understood that reference to 'entry and temporary stay'  in this Agreement means entry and 
temporary stay pursuant to such measures.  TN/S/W/6 3/Rev.1  
 
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  (h) "Qualification requirements " are substantive requirements relating to the competence 
of a natural person in relation to the supply of a service, and which are required to be 
demonstrated for the purpose of obtaining authorisation to supply a service.  
 
ARTICLE 2: PUBLICATI ON AND AVAILABILITY OF INFORMATION  
1  Publication  
1.1.  Each Member shall promptl y publish, through printed or to the extent possible through 
electronic means, all measures of general application relating to the supply of a service, in a non -
discriminatory and easily accessible manner so as to enable governments, service suppliers and 
other interested parties to become acquainted with them. This information shall include, inter alia:  
(a) the official titles, addresses and contact information of relevant competent authorities;  
(b) requirements and procedures for authorisation, periodic renewal o f such authorisation 
and general applicable terms and conditions of such authorisation;  
(c) measures relating to entry and temporary stay , periodic renewal and general applicable 
terms and conditions of such measures;  
(d) the normal timeframe for processing applic ations relating to authorisation and measures 
relating to entry and temporary stay;  
(e) fees, charges and penalties in connection with the supply of services; and  
(f) where applicable, details as regards opportunity to provide comments in relation to 
authorisation s, measures relating to entry and temporary stay  as well as applicable fees 
and charges.  
1.2.  With regard to the publication obligations specified under paragraph 1.1, each Member shall:  
(a) with regard to measures taken by central governments and authorities, pub lish such 
information in at least one of the official languages of the WTO, and  
(b) with regard to measures taken by regional or local governments and authorities, to the 
extent practicable, publish such information in at least one of the official languages o f 
the WTO.  
2  Opportunity to Comment and Information before Entry into Force  
2.1.  Each Member shall, to the extent practicable, ensure that new or amended measures relating 
to the supply of a service are published , or information on them made otherwise publicly av ailable, 
as early as possible before their entry into force, in order to enable service suppliers and other 
interested parties to become acquainted with them.  
2.2.  Each Member should, in a manner consistent with its domestic law and legal system, and to 
the ext ent practicable, endeavour to provide opportunities and an appropriate time period to 
service suppliers and other interested parties to comment on proposed introduction or amendment 
of any measures relating to the supply of a service.4 
                                                
4 The competent authority of a Member may consi der the suggestions, 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 . 
 TN/S/W/6 3/Rev.1  
 
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  3  Enquiry/Contact Poin ts 
Each Member shall establish and maintain appropriate mechanisms for responding to enquiries 
regarding any measures af fecting the supply of a service . Such enquiries may be addressed 
through the enquiry and contact points established under Articles III a nd IV of the GATS. Each 
Member shall set forth reasonable time periods within which the enquiry and contact points, as 
relevant, shall answer such enquiries.  
4  Notification  
Each Member shall notify the Committee on Trade Facilitation in Ser vices established under 
Article  13 of this Agreement (referred as the "Committee") of:  
(a) the official place(s) where the items in subparagraphs 1.1 of this Article have been 
published;  
(b) the Uniform Resource Locators (URLs) of the internet website(s), including any updates 
to such URLs, referred to in paragraph 1.1 of this Article;  
(c) the information of the enquiry/contact points referred to in paragraph 3 of this Article.  
  
ARTICLE 3: ADMINISTR ATION OF MEASURES  
1  Single Window  
In respect of applications for authorisation as well as  measures relating to entry and temporary 
stay, each Member shall, to the extent practicable, avoid requiring an applicant to approach more 
than one competent authority. Members understand that separate competent authorities and 
application processes will be applicable for authorisation and measures relating to entry and 
temporary stay, respectively. Members further understand that multiple applications for 
authorisation may be required where a service is being supplied within the jurisdiction of multiple 
competent authorities.  
2  Application Timeframes  
The competent authorities of a Member responsible for authorisation and measures relating to 
entry and temporary stay shall:  
(a) to the extent practicable, permit an applicant to submit an application at any time; a nd  
(b) allow a reasonable period for the submission of an application where specific time 
periods for applications exist.  
3  Electronic Applications and Acceptance of Copies  
The competent authorities of a Member responsible for authorisation and measures relatin g to 
entry and temporary stay shall:  
(a) as far as practicable, 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 documents, unless they require original documents to 
protect the integrity of the process.  
4  Processing of Applications  
4.1.  The competent authorities of a Member responsible for authorisation and measures relating 
to entry and temporary stay  shall:  TN/S/W/6 3/Rev.1  
 
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  (a) expeditiously process all appli cations, including applications for extensions and 
renewals;  
(b) to the extent practicable, provide an indicative timeframe for processing of an 
application;  
(c) to the extent practicable, ascertain without undue delay the completeness of an 
application for proces sing under domestic laws and regulations;  
(d) in case an application is considered complete under the domestic laws and regulations, 
ensure that the processing of the application is completed within a reasonable period of 
time, and that the applicant is inform ed of the decision concerning the application, to the 
extent possible, in writing;  
(e) at the request of the applicant, provide without undue delay information concerning the 
status of the application;  
(f) in the case of an application considered incomplete for pr ocessing 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 applicant with the opportunity to provide the additional information that 
is required to  complete the application; and  
iv. where none of the above is practicable, and the application is rejected due to 
incompleteness, ensure that the appl icant is informed within a reasonable period of 
time;  
(g) 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 applica ble, the procedures for resubmission of an application.  
4.2.  The competent authorities of a Member shall ensure that once an authorisation is granted, or 
a measure relating to entry and temporary stay is complied with, the same enters into effect 
without undue delay subject to the applicable terms and conditions.  
5  Information and Verification Requests  
Each Member shall ensure that all information and verification requests sought by competent 
authorities for processing any application pertaining to authorisation o r measures relating to entry 
and temporary stay are simple, expeditious, completed without undue delay, and do not result in 
re-submission of information that has been submitted.  
6  Fast-Track Procedure  
6.1.  Each Member shall, as far as practicable, establish fast -track procedures for authorisation as 
well as for entry and temporary stay  of service suppliers based on the criteria such as:  
(a) past track record of such service suppliers; and  
(b) whether the application pertains to renewal or extension of an authorisation an d/or 
entry and temporary stay  of a service supplier who is present within the territory of the 
host Member.  TN/S/W/6 3/Rev.1  
 
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  6.2.  Such fast -track procedures shall not prevent a Member from requiring any additional 
declarations and supporting documentation from a service supplie r as required under its laws or 
regulations.  
 
ARTICLE 4: FEES AND CHARGES  
Members shall ensure that:  
(a) fees and charges applied are reasonable, transparent and commensurate with the costs 
incurred by the competent authorities; and  
(b) adequate time period is ava ilable between the publication and the applicability of any 
increase in the fees and charges.  
 
ARTICLE 5: ADMINISTR ATION OF ECONOMIC NE EDS TESTS  
Where a Member has scheduled economic needs tests in its schedule of specific commitments, it 
shall:  
(a) publi sh information with regard to the criteria on which such tests are based, and details 
of requirements, procedures and/or guidelines for administration of such tests ; 
(b) ensure that such tests do not impose undue costs on the service supplier, and do not 
result in undue delays and uncertainty for service suppliers.  
 
ARTICLE 6: PROVISION S PERTAINING TO RECO GNITION  
1  Qualification and Licensing Requirements and Procedures  
1.1.  Where a Member imposes licensing or qualification requirements for the supply of a service , 
in or into the territory or a regional sub -division of a Member, it shall ensure that adequate 
procedures exist for assessing an applicant 's fulfilment of such requirements, including procedures 
for assessment and verification of qualifications. Where th e competent authority considers it 
relevant, it shall give due consideration to relevant professional experience of the applicant and 
membership in a relevant professional association in the territory of another Member.  
1.2.  Where an applicant has presented nec essary supporting evidence relating to qualifications 
and licensing, the competent authority, in verifying and assessing such evidence , shall identify any 
deficiency and inform the applicant of the relevant requirements to meet such deficiency. Such 
requir ements may include, inter alia, course work, examinations, training, and work experience. 
Where appropriate, each Member shall allow applicants to fulfil such requirements in the home 
country, host country or any third country jurisdiction.  
1.3.  Where examinati ons are required for fulfilment of qualification and licensing requirements, 
each Member shall ensure that they are scheduled at reasonably frequent intervals. Applicants for 
examinations shall be allowed a reasonable period to submit applications. Each Me mber 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.  TN/S/W/6 3/Rev.1  
 
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  2  Recognition Agreements  
2.1.  Each Member shall afford adequate opportunities and mechanisms to other Members, 
especially developing country Members, to negotiate their accession to agreements or 
arrangements pertaining to recognition as referred to in Article VII.1 of the GATS.  
2.2.  The Committee on Trade Facilitation in Services shall regularly monitor implementation of 
these agreements or arrangements.  
 
ARTICLE 7: FACILITAT ING CROSS -BORDER FLOW OF INFOR MATION  
1. In respect of co mmitments on cross -border supply of services, each Member shall allow cross -
border transfer of information by electronic means, including personal data and information, 
where such activity is for the purpose of supplying services to the territory of such M ember.  
2. Members recognize the diverse ways in which protection of personal data or personal 
information may exist within their domestic regimes, including through comprehensive privacy 
laws, sector -specific laws addressing such protection, or laws that pro vide for the enforcement 
of contractual obligations or undertakings assumed by suppliers and recipients with regard to 
protection of personal data or information. No Member shall impose any barriers to the flow of 
personal information from its territory to  persons in the territory of another Member, merely 
because the measures that such other Member adopts for the protection of personal 
information are different from its own.  
3. Without prejudice to paragraph 2, each Member shall afford adequate opportunities and 
mechanisms to other Members, especially developing country Members, to negotiate their 
accession to recognition arrangements pertaining to protection of personal data or information. 
The Committee on Trade Facilitation in Services shall regularly monit or implementation of the 
requirements set out in this paragraph.  
 
ARTICLE 8: FACILITAT ING CONSUMPTION ABRO AD 
1  Cross Border Insurance Coverage  
In order to enable meaningful access to services consumed in another Member, each Member shall 
encourage the insura nce service providers in its territory to enable insurance coverage in respect 
of health related services availed of in another Member.  
2  Emergency Authorisation  
Notwithstanding Article 1.1 of this Agreement, Members shall endeavour to expedite the 
processin g of entry and temporary stay in respect of service consumers who are seeking me dical 
services or such other services that are urgent and/or essential.  
 
 
 
ARTICLE 9: PROVISION S FACILITATING MOVEM ENT OF NATURAL PERSO NS 
1  Grant of E ntry and Temporary S tay 
1.1.  Each Member shall publish or otherwise make publicly available explanatory material on all 
relevant measures relating to entry and temporary stay which pertain to or affect the operation of 
its commitments relating to the movement of natural persons, includin g information on the types 
of business and work related visas or permits issued in respect of the categories of natural persons 
specified in its schedule of specific commitments.  TN/S/W/6 3/Rev.1  
 
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  1.2.  Each Member shall put in place adequate mechanisms for separate categories of  visas that 
correspond to each category of natural person in respect of which commitments are taken. 
Members shall also develop a scheme for a GATS visa applicable for categories of natural persons 
committed in their schedule of specific commitments.  
1.3.  The c ompetent authority of each Member responsible for measures relating to entry and 
temporary stay shall, under normal circumstances, rely on the representation of the employer, 
service supplier, and/or service consumer, regarding the designation and/or compe tence of the 
natural person to provide the relevant services.5  
2  Multiple Entry 
Each Member shall make best endeavours to grant multiple entry visas to natural persons who are 
service suppliers of another Member, subject to such n atural persons meeting the Member 's 
prescribed measures relating to entry and temporary stay.  
3  Social Security Contributions  
3.1.  Each Member shall endeavour to exempt natural persons of another Member engaged in the 
supply of services from social security contributions in its territory. Such exemption of social 
security contributions may be based upon an agreement or arrangement with the Member 
concerned, or may be accorded autonomously.  
3.2.  In the event exemption from social security contributions is not possible, and the natural 
person is u nable to avail of the benefits, or can only partially avail of benefits from the social 
security contribution, then the Member which has collected the contribution shall refund such 
contribution, or the unused portion thereof, to the natural person at the time of such natural 
person 's return to his/her home country.  
 
ARTICLE 10:  COOPERATION AMONG CO MPETENT AUTHORITIES  
Members shall endeav our to ensure that their competent authorities cooperate on mutually agreed 
terms with other Members'  competent authoriti es to facilitate trade in services. The areas for 
cooperation among competent authorities include:  
(a) exchange of information on authorisation, measures relating to entry and temporary 
stay and associated documentation on a regular basis and sharing experienc es regarding 
implementat ion;  
(b) work with relevant intergovernmental and non -governmental professional bodies to 
learn about best practices relating to service related measures;  
(c) exchange of information and sharing best practices on methodologies for collecti on and 
compilation of data relating to trade in services and collaboration among statistical 
organizations with expertise in capturing such data across Members, with a view towards 
improving information on trade in services and capacity building;  
(d) exchange statistics on trade in services for all four modes of supply to reduce the burden 
of data collection; and  
(e) provide technical guidance or assistance and support for capacity building to small and 
medium enterprises with a view to enhancing their role in trad e in services.  
 
                                                
5 This provision  shall not be construed as constraining the application of measures relating to health and 
safety, or requirements relating to submission of relevant documentary evidence for assessment of 
qualifications and licenses relevant for the supply of a service.  TN/S/W/6 3/Rev.1  
 
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  SECTION II: DEVELOPM ENT PROVISIONS  
ARTICLE 11: SPECIAL AND DIFFEREN TIAL TREATMENT  
1. A developing country Member shall not be required to apply the provisions of this Agreement 
for a period of [X] years from their date of entry into force. Bef ore the end of this transitional 
time period, upon request by a developing country Member, the Committee may extend the 
time period to implement these disciplines.  
2. Least -developed country Members (LDCs) shall not be required to implement the provisions of 
this Agreement. LDCs are nonetheless encouraged to implement the provisions of this 
Agreement to the extent compatible with their special economic situation and their 
development, trade and financial needs.  
3. A Member shall endeavour to accord reduced fees a nd charges to service suppliers from 
developing country Members, and in particular from LDCs.  
4. Where circumstances allow for the phased introduction of new measures affecting trade in 
services, Members shall consider longer phase -in period for the applicabi lity of such measures 
in service sectors and modes of supply of export interest to developing country Members.  
 
ARTICLE 12: TECHNICA L ASSISTANCE  
Developed country Members, and to the extent possible other Members, shall provide technical 
assistance to deve loping country Members and in particular 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 implement the 
obliga tions arising under this Agreement;  
(b) assisting service suppliers from developing country Members and LDCs to meet the 
relevant requirements and procedures in export markets;  
(c) assisting, through public or private bodies and relevant international organizatio ns, 
service suppliers of developing country Members in building their su pply capacity.  Such 
assistance may also be provided directly to the respective service suppliers.  
 
 
SECTION III: INSTITU TIONAL ARRANGEMENTS AND FINAL PROVISIONS  
ARTICLE 13: INSTITUT IONAL ARRANGEMENTS  
1  Committee on Trade Facilitation in Services  
1.1.  A Committee on Trade Facilitation i n Services (referred to as the " Committee ") shall be 
established.  
1.2.  The Committee shall be open for participation by all Members and shall elect its own 
Chairpers on. The Committee shall meet as needed and envisaged by the relevant provisions of this 
Agreement, but no less than once a year, for the purpose of affording Members the opportunity to 
consult on any matters related to the operation of this Agreement or th e furtherance of its 
objectives. The Committee shall carry out such responsibilities as assigned to it under this 
Agreement or by the Members. The Committee shall establish its own rules of procedure.  
1.3.  The Committee may establish such subsidiary bodies as m ay be required. All such bodies 
shall report to the Committee.  TN/S/W/6 3/Rev.1  
 
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  1.4.  The Committee shall develop procedures for the sharing by Members of relevant information 
and best practices as appropriate.  The Committee shall also develop working procedures for 
sharing of i nformation and coordination on issues of relevance with the Committee on Trade in 
Services.  
1.5.  The Committee shall maintain close contact with other international organizations in services 
as well as important regional and domestic organizations in services,  including competent 
authorities in each Member, with the objective of securing the best available advice for the 
implementation and administration of this Agreement and in order to ensure that unnecessary 
duplication of effort is avoided. To this end, the  Committee may invite representatives of such 
organizations or their subsidiary bodies to:  
(a) attend meetings of the Committee; and  
(b) discuss specific matters related to the implementation of this Agreement.  
1.6.  The Committee shall review the operation and implemen tation of this Agreement four years 
from its entry into force, and periodically thereafter.  
1.7.  Members are encouraged to raise before the Committee questions relating to issues on the 
implementation and application of this Agreement.  
1.8.  The Committee shall encou rage and facilitate ad hoc discussions among Members on specific 
issues under this Agreement with a view to reaching a mutually satisfactory solution promptly. 
Members engaging in such discussions shall notify the Committee on the outcome of such 
discussio ns. 
1.9.  The Committee shall encourage and facilitate consultations among Members and the National 
Committees on Trade Facilitation in Services to address sectors and modes of supply of export 
interest to developing countries and LDCs.  
2  National Committee on Tra de Facilitation in Services  
Each Member shall establish and maintain a National Committee on Trade Facilitation in Services 
or designate an existing mechanism to facilitate both domestic coordination and implementation of 
the provisions of this Agreement.  
 
ARTICLE 14: FINAL PR OVISIONS  
1. For the purpose of this Agreement, the term "Member" is deemed to include the competent 
authority of that Member.  
2. Developed country Members shall implement this Agreement from the date of its entry into 
force. Developing count ry Members and least -developed country Members shall implement 
this Agreement in accordance with Article 11.1 and Article 11.2 respectively.  
3. Nothing in this Agreement shall be construed as diminishing the obligations of Members 
under the GATS.  
4. All excepti ons and exemptions under the GATS shall apply to the provisions of this 
Agreement.  
5. In fulfilling its obligations and commitments under this Agreement, each Member shall take 
such reasonable measures as may be available to it to ensure their observance by regional 
and local governments and authorities and non -governmental bodies within its territory.  
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  6. The provisions of Article XXII and Article XXIII of GATS, as elaborated and applied by the 
Decision on Certain Dispute Settlement Procedures for the GATS, sha ll apply to the 
consultations and settlement of disputes under this Agreement.  
7. Reservations may not be entered in respect of any of the provisions of this Agreement 
without the consent of the other Members.  
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