WT/MIN(15)/W/35  
 
11 December 2015  
(15-6545)  Page: 1/2  
Ministerial Conference 
Tenth Session 
Nairobi, 15-18 December 2015  Original: English  
 
SERVICES TRANSPARENCY IN DOMESTIC REGULATION 
 
SUBMISSION BY AUSTRALIA AND CANADA 
Ministerial Decision of [  ] December 2015 
 
The following proposal, dated 10 December 2015, is being circulated at the request of the Delegations of Australia and Canada.
1 
 
_______________  
 
 
The Ministerial Conference, 
 Recognizing  the importance of transparency to facilitate trade in services; 
 Reaffirming the flexibilities for individual developing country Members contained in 
Article IV; 
 Recalling the right of Members 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; 
 Noting  these disciplines should not be construed to prescribe or impose particular 
regulatory approaches or any particular regulatory provisions in domestic regulation and that 
nothing in these disciplines 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 General Agreement on Trade in Services; 
 Hereby agree the following general disciplines on domestic regulation pursuant to and in 
partial fulfilment of Article VI:4 of the GATS: 
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 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. 
2.  Each Member shall publish promptly, through printed or electronic means, at the latest by 
the time of their entry into force, all measures of general application relating to licensing requirements and procedures, qualification requirem ents and procedures, and technical standards.  
This shall include the following information, where it exists, inter alia : 
                                               
1 An earlier version of this document was previo usly issued as JOB/SERV/221, dated 27 November 
2015. WT/MIN(15)/W/35  
 
- 2 - 
 
  (a) whether any authorization, including application and/or renewal where applicable, 
is required for the supply of services; 
(b) the official titles, addresses and contact information of relevant competent 
authorities; 
(c) applicable licensing requirements and criteria, terms and conditions of licences, 
and licensing procedures and fees;  
(d) applicable qualification requirements, criteria and procedures for verification and 
assessment of qualifications including fees; 
(e) applicable technical standards;  
(f) procedures relating to appeals or reviews of applications; 
(g) procedures for monitoring and enforcement of the terms and conditions of licenses 
and for the verification and assessment of qualifications;  
(h) where applicable, opportunity  and associated procedures for public involvement 
such as through hearings and opportunity for comment;  
(i) applicable exceptions or changes to such measures relating to licensing 
requirements and procedures, qualification requirements and procedures, and technical standards; and 
(j) the normal timeframe for processing of an application. 
Where publication is not practicable, such information shall be made otherwise publicly available.  
Nothing in this paragraph shall be construed as requiring a Member to adopt or maintain any measure not otherwise required by these disciplines. 
3. 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, and technical standards.  Such 
enquiries may be addressed through the enquiry an d contact points established under Articles III 
and IV of the GATS or any othe r mechanisms as appropriate. 
4. Each Member shall endeavour to ensure that any laws and regulations of general 
application it proposes to adopt in relation to matters falling within the scope of these disciplines 
are published in advance.  Each Member should endeavour to provide reasonable opportunities for service suppliers to comment on such proposed la ws and regulations.  Each Member should also 
endeavour to take into account comments received with respect to the proposed laws and 
regulations. 
5. 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.  Before the end of this transitional time period, 
upon request by a developing country Member, the Council for Trade in Services may extend that 
time period to implement these disciplines, base d on that Member’s level of development, and 
regulatory and institutional capacity. 
6. 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. 
7. Nothing in these disciplines shall be construe d as diminishing the rights and obligations of 
any Member under any WTO Agreement.   
__________