GATS/SC/154  
15 février 2016  
(16-0926)  Page: 1/37  
Commerce des services   
 
  RÉPUBLIQUE DU KAZAKHSTAN 
LISTE D'ENGAGEMENTS SPÉCIFIQUES 
 
(Seul le texte anglais fait foi) 
  
_______________ 
  
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Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
In the present Schedule of Specific Commitments (hereinafter "the Schedule"): 
- Asterisk (*) designate "part of"; 
- CPC numbers indicated in the brackets with regard to sectors/subs ectors of services are referenc es to the UN Provisional Centra l Product Classification of the UN 
(Statistical Papers Series M No. 77, Provisional Central Product Classification, Department of International Economics and Soci al Affairs, Statistical Office of the United 
Nations, New York, 1991).  The (**) indicates that the service sp ecified constitutes only part of the total range of activities  covered by CPC concordance (as indicated in 
MTN.GNS/W/120). 
I. HORIZONTAL COMMITMENTS  
All sectors/subsectors included in this Schedule 
Subsidies   (1), (2), (3), (4) Unbound for: 
- special rights and preferences to groups of 
persons and regions that are socially and economically disadvantaged; 
- state support of research and development 
(R&D); 
- state support of deve lopment of national 
culture and history. 
 
Access to subsidies and other forms of state support may be granted only to juridical persons of the Republic of Kazakhsta n or to citizens of the 
Republic of Kazakhstan
1.  
 
The supply of a services or its subsidization within the public sector is not in breach of this commitment. 
  
Services procured by subsurface users within the framework of investment contracts 
  (1), (2), (3), (4)   
In conducting subsurface operations:  
- Kazakhstan may require investors, in 
procuring services, to pr ocure up to 50 % of 
such services from juridical persons of 
Kazakhstan.  
- For a period of 6 years, in awarding 
subcontracts through a tender process, an investor shall consider a putative 20% reduction in the price of any bid submitted by a juridical person of Kazakhstan where at least 75% of that subcontractor's qualified employees
2 are citizens of Kazakhstan, 
provided that the juridical person of Kazakhstan meets th e standards and 
qualitative characteristics stipulated in the tender documents. 
  
                                               
1 Some forms of state support may be limited to small and medium size enterprises (SMEs). 
2 Qualified employees mean executives, managers and specialists as  those terms are defined for the purposes of entry and tempora ry stay of intra-corporate transferees 
in this schedule.  
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Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
  - After 6 years, an investor shall consider a 
putative 20% reduction in the price of any bid submitted by any juridical person of Kazakhstan where at least 50% of that subcontractor's qualified employees are citizens of Kazakhstan, provided that the juridical person of Kazakhstan meets the 
standards and qualitative characteristics stipulated in the tender documents. 
    
Real Estate  (3), (4) The following types of land plots cannot 
be in private ownership: 1) trunk lines, railroad networks, and public highways;   2) public areas in cities, towns, villages, etc. apart from land plots, occupied by privately owned buildings and constructions, as well as by facilities necessary for their maintenance.  The right of permanent land use is reserved to state land users. 
 (3), (4) None for private ownership of lands which are used for construction sites or already under industrial or other buildi ngs, including residential 
buildings (facilities) or blocks thereof together with the land under corresp onding service facilities 
(utility structures).  Unbound for private owners hip of lands used for 
farming/agricultural production or forest planning purposes.  Foreigners may be granted the right of temporary land use for farming/agricultural production purposes for a period not more than 
10 years. 
  
Commercial presence  (3) Commercial presence is allowed in the 
form of a juridical person of the Republic of Kazakhstan, branch and representative offices established in the Republic of Kazakhstan by a juridical person of another Member.  
  However, representative offices of juridical 
person of another Member and 
non-governmental organizations are not 
allowed to provide services on a commercial basis in the territory of Kazakhstan. 
 (3) None, except as indicated in Part II Specific 
Sector Commitments below.   
Entry and temporary stay of natural persons (4)  Unbound, except for measures of entry 
and temporary stay of:  
 1. Intra-corporate transfers of the following 
natural persons: 
 a) executives; 
 b) managers; 
 c) specialists.  2. Business visitors. (4) Unbound, except for measures concerning 
the categories of natural persons referred to in the market access column.   
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Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
 
 1. Intra-corporate transferees (ICTs) – 
executives, managers and specialists, as 
defined below, who are temporarily transferred for the supply of services by the juridical person of the Member estab lished in Kazakhstan, 
within which they are being transferred to Kazakhstan.  Employment of ICTs as managers and specialists shall meet the requirements of economic needs test
3.  
Upon expiration of a 5-year period after Kazakhstan's acce ssion to the WTO, economic 
needs test shall not be applied
4.  
 
a) Executives - persons working in a 
senior position within a juridical person, who: 
- primarily direct the management of 
the organization;  
- establish the goals and policies of 
the organization,  
- exercise wide latitude in 
decision-making;  
- and receive only general 
supervision or direction from the 
board of directors, or stockholders of the organization; 
 Executives must not directly perform tasks related to the actual provision of a service or services of the organization.  
b) Managers  - persons working in a senior 
position within a juridical person, who possess advanced professional qualifications and have significant managerial experience in the relevant field, and: 
 
- direct the organization, or a 
department or sub- division of the   
                                               
3 Work permit is issued only after search of appropriate candidates in the database of the competent authority and publication o f vacancy announcement in mass – 
media is completed.  These procedures shall take no longer than  one month.  Permission for intra-corporate transferee shall be granted after these procedures have been 
completed unless the company has identified a local candidate who meets its needs.   
4 All other requirements, laws and re gulations regarding entry, stay and work shall continue to apply.  
  
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Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
organization; 
 - supervise and control the work of 
other supervisory, professional or 
managerial employees, 
- have the authority to hire and fire 
or recommend hiring, firing, or other personnel actions, 
- receive only general supervision or 
direction from higher-level executives, the board of directors, or stockholders of the organization; 
 Does not include employees, who primarily 
perform tasks necessary for the supply of the 
service.  The total number of foreign managers must not exceed 50% within each service supplier, with the minimum of 3 individuals.
   
 c) Specialists  - persons hired by a 
juridical person of another Member, who possess advanced special and (or) rare knowledge and skills, a significant professional experience essential for supplying  services on a profile of the organization, research equipment techniques or management. In assessing such knowledge, account will be taken not only of knowledge specific to the establishment, but also of whether the person has a high level of qualification referring to a type of work or trade requiring specific technical knowledge, including membership of licensed/accredited profession.    
 The total number of foreign specialists must not exceed 50% within each service supplier, with 
the minimum of 3 individuals.   
 In the framework of intra-corporate transfer the entry and temporary stay of natural persons of the Member shall be pe rmitted for three years
5, 
based on the permits, a nnually issued by the 
authorized body, provided that the company   
                                               
5 The three-year period might be extend ed for a period not exceeding one year subject to ENT identified above.    
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Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
fulfils one of the following requirements:  
  i)  offer training, retraining or 
advanced training programs for their Kazakhstani employees in skills necessary for subseq uent replacement 
of foreign workforce, or 
 ii)  create additional jobs for 
Kazakhstani employees. 
 The above stated categories of persons must h a v e  a t  l e a s t  o n e  y e a r  w o r k  e x p e r i e n c e  i n  a  company, which represents  a juridical person of 
another Member and within which they are being transferred to Kazakhstan. 
   
 2. Business visitors. 
 
Persons, who are not domiciled within the territory of Kazakhstan and are representatives of a service supplier of the Member and entering the territory of Kazakhstan in order to:  - conduct negotiations on sales of services of 
this supplier, enter into agreement on sales of services, (or) participate in business meetings; (or) 
 - establish commercial presence of a service 
supplier;  
 where the representatives are not engaged in 
making direct sales to the general public or in supplying services themselves and where the representatives do not receive remuneration 
from a source within Kazakhstan. 
 The period of temporary stay of this category of 
persons must not exceed 90 days. 
    
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Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
II. SPECIFIC SECTOR COMMITMENTS 
1. BUSINESS SERVICES 
A. Professional Services 
(a) Legal services (consultancy, 
representations and participation in arbitration affairs and conciliation procedures) on law of the jurisdiction where the service supplier is qualified as a lawyer and on international law, excluding: - notary services - criminal law of the 
Republic of Kazakhstan (part of CPC 861*) 
 (1) None. (2) None. (3) None. (4) Unbound, except as indicated in Part I  "Horizontal Commitments".  
 (1) None. (2) None. (3) None. (4) Unbound, except as indicated in Part I  "Horizontal Commitments". 
  
(b) Auditing services (financial 
auditing services CPC 86211) and accounts auditing services (CPC 86212) 
 (1), (2) None, except for the following: 
- Auditing companies and auditors 
must have a contract6 with the 
auditing company - juridical person of Kazakhstan, whic h signs the audit 
report. 
(3) None, except for the following: 
- Commercial presence is allowed only in 
the form of a juridical person of Kazakhstan through establishment of a 
limited liability company
7.   
(4) Unbound, except as indicated in Part I 
 "Horizontal Commitments". 
 (1), (2) None, except as indicated in the column  "Limitations on  market access". 
    (3) None, except as indicated in  the column  "Limitations on  market access" 
   (4) Unbound, except as indicated in Part I  "Horizontal Commitments".
  
Services in the area of accounting and bookkeeping (CPC 86213, 86219 and 8622 except for tax declarations)
 (1) None. (2) None. (3) None
8. 
(4) Unbound, except as indicated in Part I  "Horizontal Commitments". 
 (1) None. (2) None. (3) None. (4) Unbound, except as indicated in Part I  "Horizontal Commitments".
  
                                               
6 The following information is provided for transparency purposes only:  This contract for auditi ng services must contain provis ions pertaining to confidentiality and 
requirements for membership in a profession al organization, in addition to provisions  normally required for a valid contract by  the legislation of the Republic of Kazakhstan.  
7 The following information is provided for transparency purposes only: 1.  At least three auditors employed by auditing institu tion must have a certificate of qualification 
as an auditor from the Qualification Commissi on of Kazakhstan. 2. In order to be esta blished in the Republic of Kazakhstan as a  juridical person, a foreign auditing company 
must possess membership  in a member organization of the Intern ational Federation of Accountants or be registered by the compet ent authority of the jurisdiction of residence.  
8 T h e  f o l l o w i n g  i n f o r m a t i o n  i s  p r o v i d e d  f o r  t r a n s p a r e n c y  p u r p o s e s  o n l y :   A c c o u n t i n g  c o m p a n y  m u s t  b e  a  m e m b e r  o f  a  m e m b e r  o r g a n i z ation of the International 
Federation of Accountants.  Accountants – must be certified by a member organization of the Inte rnational Federation of Account ants or authorized by the competent authority 
of the jurisdiction of residence.   
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Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
(c) Taxation Services  
 (CPC 863)  (1) None. (2) None. (3) None. (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
 (1) None. (2) None. (3) None. (4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
  
(d) Architectural services    (CPC 8671)   (g)  Urban planning and landscape 
architectural services    
 (CPC 8674)
 (1), (2)  None, except for the following:  
Provision of services is allowed only if there is a legal contractual arrangement with the juridical person of the Republic of 
Kazakhstan, which hold s a licence to carry 
out architectural and engineering services from the authorized body of Kazakhstan.   
(3) None, except for the following: 
- Commercial presence  is allowed only 
in the form of a juridical person of Kazakhstan. 
(4) Unbound, except as indicated in Part I  "Horizontal Commitments".
 (1), (2) None, except as indicated in the column "Limitations on market access"     
 
  (3) None, except as indicated in  the column  "Limitations on ma rket access"     
  (4) Unbound, except as indicated in Part I "Horizontal Commitments". 
  
(e) Engineering Services   
 (CPC 8672)  
 (f) Integrated Engineering Services  
(CPC 8673)
 (1) None. 
(2)  None. 
(3)  None, except for the following:  
- Commercial presence  is allowed only 
in the form of a juridical person of 
Kazakhstan9.  
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments".  (1) None. 
(2) None. 
(3) None, except as indicated in the column  "Limitations on  market access". 
  (4) Unbound, except as indicated in Part I  "Horizontal Commitments". 
  
(h) General medical services, only 
in part of physiotherapy,  homeopathy, acupuncture, 
phytotherapy, (part of 
CPC 93121*), except: 
- coercive medical treatment of 
people who suffer mental  disorders and have committed acts endangering public safety; 
- treatment of drug addicts; 
 (1), (2) None, except for: 
- Compensation of costs of medical 
services qualifying for the package 
provided under the system of state 
guarantees of free health care for the citizens of the Republic of Kazakhstan. 
(3)  None, except for the following:  
- Commercial presence  is allowed only 
in the form of a juridical person of the Republic of Kazakhstan. 
- Share of foreign participation in the 
charter capital of a juridical person shall not exceed 49%. 
 (1), (2) None, except as indicated in the column "Limitations on market access".  
 
   (3) None, except as indicated in the column  "Limitations on market access";  
 - Unbound for subsidies     
  
                                               
9 For both domestic and foreign service suppliers, authorisation from local authorities is required, which is issued based on th e criteria related to urban planning and 
protection of historical and natural sites. 
  
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Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
- certain types of examinations to 
authorise payment of state allowances (autopsy, diagnosis of persistent or temporary disability), to establish liability to action (forensic pathology, forensic psychiatry, army medicine). To provide medical services it is necessary 
to obtain a licence, which is issued by an authorized body based on requirements of qualification, certification, standardization and accreditation.  Proficiency level in Kazakh or Russian lang uages sufficient to 
carry out the professional activity is required.  
(4) Unbound, except as indicated in Part I  "Horizontal Commitments".  
       (4) Unbound, except as indicated in Part I  "Horizontal Commitments".   
(i) Veterinary services  
 (CPC 9320)  (1) None. (2) None. (3) None, except for the following: 
- Commercial presence  is allowed only 
in the form of a juridical person of Kazakhstan. 
- Share of foreign participation in the 
charter capital of a juridical person must not exceed 49%. 
(4) Unbound, except as indicated in Part I  "Horizontal Commitments".
 (1)  None. (2)  None. (3) None, except as indicated in  the column  "Limitations on ma rket access"    
     (4) Unbound, except as indicated in Part I  "Horizontal Commitments". 
  
B. Computer and Related Services  
Computer and related services (CPC 84)
 (1)  None.  (2)  None. (3)  None.  (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
 (1)  None.  (2)  None. (3)  None.  (4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
  
C. Research and Development Services 
(b)  Research and development 
services on social sciences and humanities (CPC 852)
 (1) None. (2)  None. (3) None. (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
 (1)  None. (2)  None. (3)  Unbound for subsidies. (4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
  
E. Rental\Leasing Services Without Operators 
(a) Relating to ships   (CPC 83103)    
 (1) None. (2) None. (3)   None. (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
 (1) None. (2) None. (3)   None. (4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
   
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Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
(b) Relating to aircraft  
 (CPC 83104)  (1) None. (2) None. (3)   None. (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
 (1) None. (2) None. (3)   None. (4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
  
(c)  Relating to other transport 
equipment  
 (CPC 83105)  (1) None. (2) None. (3)   None. (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
 (1) None. 
(2) None. (3)   None. (4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
  
(d) Relating to other machinery and 
equipment   (CPC 83106 - 83109)
 (1) None. (2) None. (3)   None. (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
 (1) None. (2) None. (3)   None. (4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
  
(e) Leasing or rental services 
concerning personal and household goods (CPC 832)
 (1) None. (2) None. (3)   None. (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
 (1)  None. (2)  None. (3)  None. (4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
  
F. Other Business Services  
(a) Advertising services       (CPC 871)
 (1) None. (2) None. (3) None, except for the following:  
- Commercial presence is allowed only in 
the form of a juridical person of Kazakhstan. 
(4) Unbound, except as indicated in Part I  "Horizontal Commitments".
 (1)  None. (2)  None. (3)  None, except as indicated in the column 
 "Limitations on market access"  
  (4) Unbound, except as indicated in Part I  "Horizontal Commitments". 
  
(b) Market research services 
(CPC 86401) 
 (c) Management consulting services 
(CPC 8650) 
 
(d) Services related to 
management consulting (CPC 8660*), except labour arbitrage (CPC 86602)
 (1)  None. (2)  None. (3)  None. (4) Unbound, except as indicated in Part I  "Horizontal Commitments".
 (1) None. (2) None. (3) None. (4) Unbound, except as indicated in Part I  "Horizontal Commitments".
   
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Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
(e) Technical testing and analysis 
services (CPC 8676)  (1), (2) None only with respect to testing of core samples for mining and environmental purposes subject to licensing and authorization requirement (3) None, except for the following:  
- Commercial presence is allowed only in 
the form of a juridical person of Kazakhstan. 
(4)  Unbound, except as indicated in Part I  "Horizontal commitments". 
 (1), (2) None, except as indicated in the column "Limitations on market access".   (3) None, except as indicated in the column  "Limitations on  market access". 
  (4)  Unbound, except as indicated in Part I  "Horizontal commitments".
  
(f) Services incidental to hunting 
(only in part of development of sport hunting, CPC 88130*) and forestry (part of CPC 88140*)   
 (1)  None. (2)  None. (3)  None, except for the following: 
- Commercial presence is allowed only in 
the form of a juridical person of Kazakhstan. 
(4) Unbound, except as indicated in Part I  "Horizontal Commitments". 
 (1) None. (2) None. (3) None, except as indicated in the column  "Limitations on  market access". 
  (4) Unbound, except as indicated in Part I  "Horizontal Commitments".
  
(g)  Services incidental to fishing 
only in case of providing the 
services on development of sport fishing: 
 Services incidental to fishing (CPC 882*) concerning: - technologies for reproduction 
and for growing of fishes, 
- technologies for fish processing;  Services incidental to fishing (CPC 882*) concerning: - completion of fishing crews, - growing of fish spats.
 (1)  None. 
(2)  None. 
(3)  None, except for the following: 
- Commercial presence is allowed only in 
the form of a juridical person of Kazakhstan; 
(4) Unbound, except as indicated in Part I  "Horizontal Commitments".
 (1) None. 
(2) None. 
(3) None, except as indicated in the column  "Limitations on  market access". 
  (4) Unbound, except as indicated in Part I  "Horizontal Commitments".
  
(h)  Services incidental to mining 
(CPC 883 + 5115)  (1)  None. (2)  None. (3)  None, except for the following:  
- Commercial presence  is allowed only 
in the form of a juridical person of Kazakhstan. 
(4) Unbound, except as indicated in Part I  "Horizontal Commitments".
 (1) None. (2) None. (3) None, except as indicated in the column  "Limitations on  market access". 
  (4) Unbound, except as indicated in Part I  "Horizontal Commitments".
  
(i) Services incidental to 
manufacturing (CPC 884* and 
885*) only in part of consulting services 
 (1)  None. 
(2)  None. 
(3)  None. (4) Unbound, except as indicated in Part I  "Horizontal Commitments".
 (1)  None. 
(2)  None. 
(3)  None. (4) Unbound, except as indicated in Part I  "Horizontal Commitments".
   
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Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
- Services incidental to 
manufacturing  (CPC 8845*, 8846*, 8848*, 8851* and 8852*) only with respect to services relating to operation of production process, excluding services relating to operation of production process connected with products essential for national security or defense in accordance with the legislation of the Republic of Kazakhstan.  No right to own or lease production facilities is granted to services supplier. (1) None with respect to consulting services, 
otherwise unbound. 
(2) None with respect to consulting services, 
otherwise unbound. 
(3) None, except for the following: 
- Commercial presence  is allowed only 
in the form of a juridical person of Kazakhstan.  
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
 (1) None with respect to consulting services, 
otherwise unbound. 
(2) None with respect to consulting services, 
otherwise unbound. 
 (3) None, except as indicated in the column 
"Limitations on market access". 
  (4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
  
(j) Services incidental to energy 
distribution (CPC 887*) only with respect to consulting services (1) Unbound. 
(2) None. (3) None, except for the following: 
- Commercial presence  is allowed only 
in the form of a juridical person of 
Kazakhstan  
(4) Unbound, except as indicated in Part I  "Horizontal Commitments". 
 (1) Unbound. (2) None. (3) None, except as indicated in the column  "Limitations on Market Access". 
 
 (4) Unbound, except as indicated in Part I  "Horizontal Commitments".
  
(l)  Security consultation services 
(CPC 87302)  (1)  Unbound. (2)  Unbound. (3)  None, except for the following: 
- Commercial presence  is allowed only 
in the form of a juridical person of Kazakhstan; 
- Prior authorization is required from 
the authorized body of Kazakhstan;   
- For foreign companies, confirmation 
of at least 5 years of relevant work experience in the country of origin is required.   
(4)  Unbound except as indicated in Part I 
"Horizontal commitments" and subject to the following limitation: 
  The number of foreign consultants must 
be limited to 25% of the personnel within the juridical person of Kazakhstan with a minimum number of staff of 5 persons.  
 
 (1)  Unbound. 
(2)  Unbound. (3)  None, except as indicated in the column 
"Limitations on market access". 
  
 
     (4)  Unbound except as indicated in the column 
"Limitations on market access" and in Part I 
"Horizontal commitments".
   
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Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
(m)  Related scientific and technical 
consulting services  (CPC 8675*), except for  (СРС 86754).
 (1)  None. 
(2)  None. (3)  None, except for the following: 
- Commercial presence is allowed only in 
the form of a juridical person of Kazakhstan;   
(4) Unbound, except as indicated in Part I  "Horizontal Commitments".
 (1) None. (2) None. (3) None, except as indicated in the column  "Limitations on  market access". 
  (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
  
(n)  Maintenance and repair of 
equipment (not including 
maritime vessels, aircraft or other transport equipment) CPC 633 + 8861- 8866
 (1)  None. 
(2)  None. 
(3)  None, except for the following: 
- Commercial presence  is allowed only 
in the form of a juridical person of Kazakhstan;   
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
 (1) None. 
(2) None. 
(3) None, except as indicated in the column  "Limitations on  market access". 
  (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
  
(p)  Photographic services 
(CPC 87501, 87503, 87505, 87506)
 (1) None. (2) None. (3) None. 
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
 (1) None. (2) None. (3) None. 
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
  
(q) Packaging services 
(CPC 87600*), except bottling of spirits containing alcohol
 (1) None. (2) None. (3) None. (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
 (1) None. (2) None. (3) None. (4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
  
(s)  Convention services   (part of CPC 87909*  only in 
part of demonstration and exhibition services)
 (1) None. (2) None. (3) None. (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
 (1) None. (2) None. (3) None. (4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
   
  GATS/SC/154  
 
- 14 - Mode (s) of Supply:  (1)  Cross-border supp ly  (2)  Consumption abroad  (3)  Commerci al presence  (4)  Presence of natural pers ons  
Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
2. COMMUNICATION SERVICES  
B. Courier Services 
Courier services (CPC 7512*) only 
with respect to: - Handling
10 of addressed parcels 
and packages (including books, catalogues); 
- handling of addressed press 
products (journal s, newspaper, 
periodicals); 
- express delivery services
11 for 
addressed letters, addressed parcels, packages and goods, and addressed press products. (1) None. 
(2) None. (3) None, except for the following:  
- Commercial presence  is allowed only 
in the form of a juridical person of 
the Republic of Kazakhstan 
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
 (1) None. (2) None. (3)  None, except as indicated in the column 
"Limitations on market access". 
 
 
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
 Juridical persons of the Republic of Kazakhstan, including those with foreign participation, supplying courier services as defined in 
the Schedule shall be 
accorded treatment not less favourable than the treatment accorded to the national postal operator with respect to the provision of services not assigned as an exclusive right to a national postal operator.     
C.  Telecommunication Services 
Commitments taken by Kazakhstan scheduled in accordance with "N otes for Scheduling Basic Telecom Services Commitments"( S/GBT/W /2/REV.1) and Market Access 
Limitations on Spectrum Availability" (S/GBT/W/3). 
Telecommunication services for purposes of this Schedule do not include broadcasting  of television and/or radio programmers12.   
(а) Voice telephone services 
 (CPC 7521) (b) Packet switched data  transmission services  (CPC 7523**) (c)  Circuit switched data   transmission services  (CPC 7523**) (d)  Telex services (CPC 7523**) 
(e)  Telegraph services (CPC 7522) 
 (1), (2) None, except for the following: 
- unbound for local services, - unbound with respect to radio 
communication services including satellite communication other than services provided by foreign satellite operators to juridical persons of the Republic of Kazakhstan holding a licence for  telecommunication services. 
 (1), (2) None, except as indicated in the column "Limitations on market access".         
 Republic of Kazakhstan undertakes the additional commitments contained in the attached Reference Paper for all of the subsectors scheduled herein. 
                                               
10 The term "handling" includes cleara nce, sorting, transport and delivery. 
11 Express delivery services , in addition to significantly greater tariffs for delivery of written correspondence (i.e. letters, post cards)/ as well as high speed and greater 
reliability of delivery, may include other value added elements su ch as collection from point of origin, personal delivery to a ddressee, tracing and tracking, possibility of 
changing the destination and addressee in transit, confirmation of receipt.  Significantly grea ter tariffs for delivery of writ ten correspondence are tariffs, which are more than 
5 times higher comparing with the basic publ ic tariff of national postal operator for a delivery of written correspondence in t he first weight of the fa stest standard category. 
12 Broadcasting of television and/or radio programmers is defined as the uninterrupted transmission  of signals required for the d istribution of TV programmer signals to 
the general public, but does not cover contribution links between operators.  
  GATS/SC/154  
 
- 15 - Mode (s) of Supply:  (1)  Cross-border supp ly  (2)  Consumption abroad  (3)  Commerci al presence  (4)  Presence of natural pers ons  
Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
(f) Facsimile services  
 (CPC 7521**+7529**) (g)  Private leased circuit services  (CPC 7522**+7523**)  (h)  Electronic mail (CPC 7523**) (i)  Voice mail (CPC 7523**) (j)  On-line information and data  base retrieval (CPC 7523**) (k)  Electronic data exchange   (CPC 7523**) (l)  Enhanced/value-added facsimile  services, including store and  forward, store and retrieve   (CPC 7523**) (m)  Code and protocol conversion  (n)  On-line information and/or data  processing (including  transaction processing)   (CPC 843**) (o) Other telecommunications  services (CPC 7529). (3) None, except for the following: 
-  Commercial presence is allowed only 
in the form of a juridical person of Kazakhstan. 
-  For a period of 2.5 years starting 
from Kazakhstan's accession to the WTO, the total foreign equity will be limited to 49% in the charter capital of juridical persons supplying services in the field of telecommunications as the operator of long distance and (or) international communication and owning the terrestrial (cable, including optical fibre, radio relay) communication lines. 
 None afterwards, except for JSC 
"Kazakhtelecom" and its possible successors where the 49% total foreign equity limitation in the charter capital (stocks or shares) will be maintained.  
(4) Unbound, except as indicated in Part I 
 "Horizontal Commitments".  (3)  None, except as indicated in the column 
 "Limitations on  market access". 
                    
(4) Unbound, except as indicated in Part I 
 "Horizontal Commitments".  
(o) Other: 
 - Mobile services CPC 75213
 (1), (2) Unbound, except for the following:  None only with respect to services 
provided by foreign satellite operators to juridical persons of the Republic of Kazakhstan holding a licence for telecommunication services. 
(3)  Commercial presence is allowed only in 
the form of a juridical person of Kazakhstan. 
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
 (1), (2) None, except as indicated in the column 
"Limitations on market access". 
    (3)  None, except as indicated in the column 
"Limitations on market access". 
 (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
   
  GATS/SC/154  
 
- 16 - Mode (s) of Supply:  (1)  Cross-border supp ly  (2)  Consumption abroad  (3)  Commerci al presence  (4)  Presence of natural pers ons  
Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
D.  Audiovisual Services 
(a)  Motion picture or video tape 
distribution services (CPC 96113*) only with respect to the sale or rental of movies or tapes to other industries for public entertainmen t, or sale or 
rental to others.  These commitments do not cover motion picture or video tape broadcasting or other similar forms of transmission to the general public.  
 (1)  None. (2)  None. (3)  None. (4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
 (1)  None.  (2)  None. (3)  None, except un bound for subsidies; 
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
  
(b)  Motion Picture or Video Tape 
Projection by Cinema theatre 
owners only CPC 9612* excluding projection services for government endorsed film festivals and other cultural events.
 (1)  Unbound. 
(2) None. 
(3) None, except for:  
- Commercial presence  is allowed only 
in the form of a juridical person of Kazakhstan.  
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
 (1) Unbound. 
(2)  None. 
(3)  None, except as indicated in the column 
"Limitations on ma rket access" and: 
- Unbound for subsidies; 
 (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
  
(c)  Sale of TV and radio programs 
to TV and radio stations, excluding broadcasting. For the 
purpose of clarity: these 
commitments do not cover TV and radio programs broadcasting or other similar forms of transmission to the general public
 (1)  None. (2)  None. (3)  Unbound. 
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
 (1) None.  (2)  None. (3)  Unbound. 
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
  
3.  CONSTRUCTION AND RELATED ENGINEERING SERVICES 
Construction and related engineering 
services (CPC 51), including dredging 
services.  
A. General construction works for 
erection of buildings (CPC 512) 
B. General construction works for 
civil engineering (CPC 513)  
C. Installation and assembly work  
(CPC 514, 516) 
D. Building completion and 
finishing work (CPC 517) 
E.  Other (CPC 51113, 515, 518)   
 
 
(1)  None. 
(2)  None. (3)  None, except for the following:  
- Commercial presence is allowed only in  the form of a juridical person of 
 Kazakhstan.  
(4) Unbound, except as indicated in Part I  "Horizontal Commitments". 
  
 
 
(1)  None. 
(2)  None. (3) None, except as indicated in the column  "Limitations on  market access". 
 
 
(4) Unbound, except as indicated in Part I  "Horizontal Commitments".
  
                                               
13 For the purposes of transparency : this code includes CPC 5115 ("Site preparation work for mining").  
  GATS/SC/154  
 
- 17 - Mode (s) of Supply:  (1)  Cross-border supp ly  (2)  Consumption abroad  (3)  Commerci al presence  (4)  Presence of natural pers ons  
Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
4. DISTRIBUTION SERVICES 
No commitments are made in respect of distribution of the following products: 
- weapons and arms systems, ammunition; - explosive materials, equipment and devi ces for explosion and pyrotechnic items; 
- measurements devices used in the area of state metrological control and supervision; 
- narcotics and psycho tropic substances; 
- ethyl spirit (HS Codes 2207, 2208907809) 
A. Commission agents' services 
(CPC 61111, 6113, 6121, 621* except for CPC 62113 and part of CPC 62117 in respect of pharmaceutical, para-pharmaceutical and medical 
goods
14.  
 
B. Wholesale trade services 
(CPC 61111, 6113, 6121, 622* except for sturgeon fish and caviar. 
 C. Retailing services (CPC 6111, 
61112, 6113, 6121, 631, 61300* only in part of fuel, lubricating oil and grease for 
auto vehicles, 632* except for 
63211 with respect to pharmaceutical, para-pharmaceutical and medical goods.  
 (1)  None. (2)  None. (3)  None, except for the following: 
- Commercial presence  is allowed only 
in the form of a juridical person of 
Kazakhstan
15.  
- Wholesale distribution of 
pharmaceutical, para-pharmaceutical and medical goods will be allowed after 5 years from the date of Kazakhstan's access ion to the WTO. 
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
 (1) None. (2) None. (3) None, except as indicated in the column 
"Limitations on market access". 
       (4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
  
D. Franchising Services 
(CPC 8929) 16 
  
 (1) None. (2) None. (3) None , except for the following: 
- Commercial presence is allowed only in 
the form of a juridical person of Kazakhstan. 
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
 (1) None. (2) None. (3)   None.    (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
  
                                               
14 For purposes of this schedule of specific commitments pharmace uticals, para-pharmaceuticals an d medical goods do not include: vitamins, minerals, or other 
biologically active substances which are intended to support the healthy function of the human body and not intended to cure or  treat a disease; cosmetics; common consumer 
products for which medical expertise is not required, such as cotton swabs; an d other hygiene and cleaning products.  
15 For retailing services, authorization of local authorities on a national treatment basis is required.  Main criteria: populati on density, geographic spread, urban planning 
and protection of historical sites and natural parks. 
16 Commitments in this sector (part of CPC 8929*) shall not prejudic e the measures described in the present Schedule of specific commitments in other services sectors.   
  GATS/SC/154  
 
- 18 - Mode (s) of Supply:  (1)  Cross-border supp ly  (2)  Consumption abroad  (3)  Commerci al presence  (4)  Presence of natural pers ons  
Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
5. EDUCATIONAL SERVICES    
C.  Higher education services 
(CPC 923*) only with respect to private education  
 D.  Adult education (CPC 924*) 
only with respect to private education
 (1)  None. (2)  None. (3)  None, except  for the following: 
- Commercial presence is allowed only in 
the form of a juridical person of Kazakhstan.  
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
 (1)  None. (2)  None.  (3) None, except as indicated in the column  "Limitations on market access";  
- Unbound for subsidies  
 (4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
  
Е.  Other education services 
(CPC 929*)  
   Short term training programs (1) None. 
(2) None. (3) None (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". (1) None. 
(2) None. (3) None (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
  
- Training services (e.g. language 
training; executive/management training, information technology training); private educational testing services, education programs offered during school breaks; and tutoring and preparatory courses. (1) None. 
(2) None. (3) None, except  for the following: 
- Commercial presence is allowed only in 
the form of a juridical person of Kazakhstan.  
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments". (1) None.  
(2) None. (3) None, except as indicated in the column 
"Limitations on market access";  
- Unbound for subsidies   
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments".  
6. ENVIRONMENTAL  SERVICES 
These commitments apply only to servic es contracted by private companies. 
A. Waste water management only 
with regard to collection and processing of industrial liquid wastes (Part of СРС 9401*); 
 B. Solid/Hazardous waste 
management; 
 - Refuse disposal services, except 
radioactive waste products (СРС 9402); 
- Sanitation and  similar services 
(СРС 9403); 
 C. Protection of ambient air and 
climate ( СРС 9404); 
 D. Remediation and cleanup of soil 
& water (Part of СРС 94060*);  
  (1) None. 
(2) None. (3) None, except for the following: 
- For waste water management and 
waste management services, commercial presence is allowed only 
in the form of a juridical person of 
Kazakhstan. 
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
 (1) None. (2) None. (3)  None, except as indicated in the column  "Limitations on  market access". 
  
 
 (4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
   
  GATS/SC/154  
 
- 19 - Mode (s) of Supply:  (1)  Cross-border supp ly  (2)  Consumption abroad  (3)  Commerci al presence  (4)  Presence of natural pers ons  
Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
E. Noise & vibration abatement 
(СРС 94050) ; 
 F. Protection of biodiversity and 
landscape (Part of СРС 9406*); 
 G. Other environmental & ancillary 
services ( СРС 94090). 
    
7.  FINANCIAL SERVICES 
Without prejudice to the specific commitments listed below for all modes of supply, as a general rule and in a non-discriminato ry manner, financial serv ices suppliers must be 
established in certain organizational and legal forms in accordance with the Kazakhs tan's legislation and meet the licensing re quirements.  Financial services suppliers are 
subject to prudential measures in accordance with Article 2 (A) of the Annex on Financial Services.  Upon expiration of a trans itional period, branches of foreign financial 
institutions are subject to conditions equivalent to those applied to domestic financial institutions and must fulfil prudentia l measures including but not limited to:  separate 
capitalization requirement, separate guaran tee and deposit requirement, other solvency requirement, accounts reporting and publ ication requirement, and with respect to 
insurance companies, the localization of technical reserves and solvency margins requirements as well.     As regards financial services, when citizens  of Kazakhstan are acting in their capacity  as natural persons, all commitments tak en under mode (2) are made only if such 
persons physically move to the territory of a foreign country and/or are present on  the territory of a foreign country.  
A.  All insurance and insurance-related services: 
(i)  Direct insurance (including co-
insurance): 
 (A) Life   (B) Non-life
   (1), (2) Unbound, except for the following: 
upon 3 years following Kazakhstan's accession to the WTO, none only with respect to the insurance risks related to maritime transportation services (except for vessels supplying solely or permanently cabotage transportation services) and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following:  the goods being transported, the vehicle transporting the goods and any liability arising therefrom. 
 
(3)  None, except for the following: 
- Commercial presence  is allowed only 
in the form of a juridical person of Kazakhstan through establishment of a joint-stock company.  
 Upon expiration of the 5-year period starting from the date of Kazakhstan's accession to the WTO commercial presence will also be allowed through establishment of direct branches. 
  
 (1), (2) Unbound, except as indicated in the column "Limitations on market access".              
(3)  None, except as indicated in the column 
 "Limitations on ma rket access" and,  
- A day – to –day activity of a branch 
must be managed by at least two residents of the Kazakhstan. 
   
  GATS/SC/154  
 
- 20 - Mode (s) of Supply:  (1)  Cross-border supp ly  (2)  Consumption abroad  (3)  Commerci al presence  (4)  Presence of natural pers ons  
Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
 Upon that, Kazakhstan shall not be 
prevented from taking measures such as follows:  - The minimum amount of total assets 
of the non-resident insurance organization, which has submitted application for opening of a branch, must be not less than 5 billion US dollars. 
 - Branches of the non-resident 
insurance companies are allowed to provide insurance services in certain sectors (life insurance or non – life insurance) and classes of insurance only if parent non – resident companies have at least 10 year experience in those sectors and classes. 
(4) Unbound, except as indicated in Part I  "Horizontal Commitments".  
                   (4) Unbound, except as indicated in Part I  "Horizontal Commitments". 
  
(ii) Reinsurance and retrocession 
 (1), (2) None, except for: 
- Aggregate amount of insurance 
premiums paid by cedent to reinsurance organizations-non-residents of the Republic of Kazakhstan with the deduction of commission charges received by cedent from them, must not exceed 85% of the aggregate amount of insurance premiums  received under 
insurance contracts (taking into account payments to reinsurance organizations) by the end of full financial year. 
 (1), (2) None, except as indicated in the column 
"Limitations on market access".  
   
  GATS/SC/154  
 
- 21 - Mode (s) of Supply:  (1)  Cross-border supp ly  (2)  Consumption abroad  (3)  Commerci al presence  (4)  Presence of natural pers ons  
Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
 - upon 3 years following Kazakhstan's 
accession to the WTO above mentioned limitation will not be applied to the risks related to maritime transportation services (except for vessels supplying solely or permanently cabotage transportation services) and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following:  the goods being transported, the vehicle transporting the goods and any liability arising therefrom.   
 (3)  None, except for the following: 
- Commercial presence  is allowed only 
in the form of a juridical person of Kazakhstan through establishment of a joint-stock company.  
 Upon expiration of the 5-year period 
starting from the date of Kazakhstan's 
accession to the WTO commercial 
presence will also be allowed through establishment of di rect branches.  (3) None, except as indicated in the column 
"Limitations on ma rket access", and  
- A day–to–day activity of a branch must 
be managed by at least two residents of the Kazakhstan. 
  
  Upon that, Kazakhstan shall not be 
prevented from taking measures such as follows: - The minimum amount of total assets 
of the non-resident insurance organization, which has submitted application for opening of a branch, must be not less than 5 billion US dollars. 
 
- Branches of the non - resident 
reinsurance companies are allowed to provide reinsurance services only if parent non – resident companies have at least 10 year experience in reinsurance. 
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments".  
               (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
   
  GATS/SC/154  
 
- 22 - Mode (s) of Supply:  (1)  Cross-border supp ly  (2)  Consumption abroad  (3)  Commerci al presence  (4)  Presence of natural pers ons  
Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
(iii) Insurance intermediation, such 
as brokerage and agency  (1), (2) Unbound, except for the following: (a) none for the insurance of civil and legal 
responsibility of motor vehicle owners, who are traveling abroad;   
(b)  upon 3 years following Kazakhstan's 
accession to the WTO, none only with respect to the insurance risks related to maritime transportation services (except for vessels supplying solely or permanently cabotage transportation services) and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following:  the goods being transported, the vehicle transporting the goods and any liability arising therefrom; 
(c)  reinsurance. (3)  None, except for the following: 
- Commercial presence  is allowed only 
in the form of a juridical person of Kazakhstan through establishment of 
a joint – stock company or limited 
liability company. 
   Upon expiration of the 5-year period 
starting from the date of Kazakhstan's accession to the WTO commercial presence will also be allowed through establishment of di rect branches.   
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
 (1), (2) Unbound, except as indicated in the 
column "Limitations on market access". 
                (3)  None, except as indicated in the column 
"Limitations on market access". 
  
 
       (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
  
(iv) Services auxiliary to insurance, 
such as consultancy, actuarial, risk assessment and claim settlement services.
 (1)  None. (2)  None. (3)  None. (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
 (1)  None. (2)  None. (3)  None. (4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
  
B. Banking service and other financia l services (excluding insurance): 
(v)  Acceptance of deposits and 
other repayable funds from the public 
 (vi)  Lending of all types, including 
consumer credit, mortgage credit, factoring and financing of commercial transactions
 (1)  Unbound. (2)  None. (3)  None, except for the following: 
- Commercial presence is allowed in 
the form of a juridical person of Kazakhstan through establishment of a joint-stock company.  
 (1)  Unbound. (2)  None. (3)  None, except as indicated in the column 
"Limitations on ma rket access", and  
- A day – to –day activity of a branch 
must be managed by at least two residents of the Kazakhstan. 
   
  GATS/SC/154  
 
- 23 - Mode (s) of Supply:  (1)  Cross-border supp ly  (2)  Consumption abroad  (3)  Commerci al presence  (4)  Presence of natural pers ons  
Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
(vii) Financial leasing 
 (viii) All payment and money 
transmission services, including credit, charge and debit cards, travelers' cheques and bankers drafts. 
 (ix) Guarantees and commitments    Upon expiration of the 5-year period 
starting from the date of Kazakhstan's accession to the WTO commercial presence will also be allowed through establishment of di rect branches.  
  Upon that, Kazakhstan shall not be 
prevented from taking measures such as follows: 
 
- The minimum amount of total assets 
of the non-resident bank, which has submitted the application for opening of a branch, must be not less than 20 billion US dollars. 
 - The minimum amount of deposit, 
which can be accepted from natural persons by foreign bank branches must be not less than 120,000 US dollars. 
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
  
                    (4) Unbound, except as indicated in Part I 
"Horizontal Commitments".  
(x) Trading for own account or for 
account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following: (A) money market instruments 
(including cheques, bills, certificates of deposits); 
(B) foreign exchange; (C) derivative products 
including, but not limited to, futures and options; 
(D) exchange rate and interest 
rate instrument s, including 
products such as swaps, forward rate agreements; 
(E) transferable securities; (F) other negotiable 
instruments and financial assets, including bullion.
 (1)  Unbound. (2)  None. (3)  None, except for the following: 
-  Commercial presence is allowed in the 
form of a juridical person of Kazakhstan through establishment of a joint-stock company.  
  Upon expiration of the 5-year period 
starting from the date of Kazakhstan's accession to the WTO commercial presence will also be allowed through establishment of di rect branches.  
  Upon that, Kazakhstan shall not be 
prevented from taking measures such as follows: 
 
-  The minimum amount of total assets 
of the non-resident bank, which has 
submitted the application for opening 
of a branch, must be not less than 20 billion US dollars. 
 (1)  Unbound. (2)  None. (3)  None, except as indicated in the column 
"Limitations on ma rket access", and  
-  A day – to –day activity of a branch must be 
managed by at least two residents of the 
Kazakhstan. 
             
   
  GATS/SC/154  
 
- 24 - Mode (s) of Supply:  (1)  Cross-border supp ly  (2)  Consumption abroad  (3)  Commerci al presence  (4)  Presence of natural pers ons  
Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
 -  The activity of the stock exchange 
can only be carried out by a juridical person of Kazakhstan in the form of a joint- stock company. 
 
- The minimum amount of deposit, 
which can be accepted from natural persons by foreign bank branches must be not less than 120,000 US dollars. 
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments".  
         (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
  
(xi)  Participation in issues of all 
kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues;
 (1)  Unbound. 
(2)  None. (3)  None, except for:  
- Commercial presence  is allowed only 
in the form of a juridical person of Kazakhstan. 
- A licensee must be  in the form of a 
joint-stock company.  
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
 (1)  Unbound. 
(2)  None. (3)  None, except as indicated in the column 
"Limitations on market access". 
    (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
  
(xii)  Money broking;  (1)  Unbound. 
(2)  None. (3)  None, except for:  
- Commercial presence  is allowed only 
in the form of a juridical person of Kazakhstan. 
- A licensee must be  in the form of a 
joint-stock company. 
(4) Unbound, except as indicated in Part I 
 "Horizontal Commitments".
 (1)  Unbound. 
(2)  None. (3)  None, except as indicated in the column 
"Limitations on market access". 
    (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
  
(xiii) Asset management, such as 
cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depositary and trust services: 
 
(A) Management of an 
investment portfolio; 
 (1)  Unbound. 
(2)  None, except for collective investment 
management companies  
(3)  None, except for the following:  
- Commercial presence  is allowed only 
in the form of a juridical person of Kazakhstan.  
- The applicant (licence holder) must 
be a professional participant of 
securities market in the form of a 
joint-stock company. 
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
 (1)  Unbound. (2)  None, except as indicated in the column 
"Limitations on market access". 
(3)  None, except as indicated in the column 
"Limitations on market access". 
    
 
 (4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
   
  GATS/SC/154  
 
- 25 - Mode (s) of Supply:  (1)  Cross-border supp ly  (2)  Consumption abroad  (3)  Commerci al presence  (4)  Presence of natural pers ons  
Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
(B) Pension assets investment 
management services;  (1) Unbound (2) Unbound. (3)  None, except for the following:  
- Pension assets investment 
management services can be carried out only by juridical persons of the Republic of Kazakhstan.  
- The applicant (licence holder) the 
professional participant of securities market of Kazakhstan must be in the form of a joint-stock company. 
- A total equity capital of the pension 
assets investment management companies, with the participation of non-residents of Kazakhstan, may not exceed 50% of the aggregate stated equity capital of all pension assets investment management companies of Kazakhstan. 
 Above mentioned requirement shall 
not be applied in cases when increase of total capital of pension 
assets investment management 
companies with participation of non-residents of Kazakhstan, exceeding 50% have occurred due to: - retained earnings;  - decrease of total own capital of 
pension assets investment management companies.  
(4)  Unbound, except as indicated in Part I 
"Horizontal commitments" and: - At least one third of members of the 
Board of Directors and Executive Board of the pension assets investment management company, with the participation of non-residents of Kazakhstan, must be citizens of the Republic of Kazakhstan. 
 (1) Unbound 
(2)   Unbound (3)  None, except as indicated in the column 
"Limitations on market access". 
                  
 
        (4)  Unbound, except as indicated in Part I 
"Horizontal commitments" and in the column "Limitations on market access". 
  
(C) Investment funds' assets 
management services   (1) Unbound. (2)  None, except for collective investment 
management companies.  
(3)  None, except for the following:  
 (1)  Unbound  (2)  None, except as indicated in the column 
"Limitations on market access". 
(3)  None, except as indicated in the column 
"Limitations on market access". 
   
  GATS/SC/154  
 
- 26 - Mode (s) of Supply:  (1)  Cross-border supp ly  (2)  Consumption abroad  (3)  Commerci al presence  (4)  Presence of natural pers ons  
Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
 - The organization which is carrying 
out investment funds' assets management services is the juridical person - professional participant of the securities market of the Republic of Kazakhstan. 
- The applicant (licence holder) should 
be in the form of a joint-stock company. 
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments".  
        (4) Unbound, except as indicated in Part I "Horizontal Commitments".   
(D) Custodial activity  (1) Unbound. 
(2)  Unbound. (3)  None, except for: 
- Commercial presence  is allowed only 
in the form of a juridical person of Kazakhstan through establishment of a joint–stock company. 
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
 (1) Unbound. (2)  Unbound. (3)  None, except as indicated in the column 
"Limitations on market access". 
   (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
  
(E) Trust operations of banks: 
management of money, the requirement rights on the mortgage loans and refined precious metals in interests and on behalf of the principal
 (1)  Unbound. (2)  Unbound. (3)  None, except for the following: 
- Commercial presence is allowed in 
the form of a juridical person of Kazakhstan through establishment of a joint-stock company.  
 Upon expiration of the 5-year period 
starting from the date of Kazakhstan's accession to the WTO commercial presence will also be allowed through 
establishment of di rect branches.  
  Upon that, Kazakhstan shall not be 
prevented from taking measures such as follows: - The minimum amount of total assets 
of the non-resident bank, which has submitted the application for opening of a branch, must be not less than 20 billion US dollars. 
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
 (1)  Unbound. (2)  Unbound. (3)  None, except as indicated in the column  "Limitations on ma rket access", and: 
- A day- to-day activity of a branch must 
be managed by at least two residents of the Kazakhstan. 
    
 
         (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
   
  GATS/SC/154  
 
- 27 - Mode (s) of Supply:  (1)  Cross-border supp ly  (2)  Consumption abroad  (3)  Commerci al presence  (4)  Presence of natural pers ons  
Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
(xiv) Settlement and clearing 
services for financial assets, including securities, derivative products, and other negotiable instruments 
 (1)  Unbound. (2)  None. (3)  None, except for: 
- Central Depositary (juridical person 
of Kazakhstan, established in the form of a joint stock company) - the only organization carrying out depositarial activity in the territory of 
Kazakhstan. 
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
 (1)  Unbound. (2)  None. (3)  None, except as indicated in the column 
"Limitations on market access"  
    
 
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
  
(xv)  Provision and transfer of 
financial information, and financial data processing and related software by providers of other financial services 
 (1)  None. (2)  None. (3)  None. (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
 (1)  None. (2)  None. (3)  None. (4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
  
(xvi) Advisory, intermediation and 
other auxiliary financial services on all the activities listed in paragraphs (v)-(xv), including credit reference and analysis,  direct investment  and portfolio 
research and advice, advice on acquisitions and on corporate restructuring and strategy.
 (1)  None. (2)  None. (3)  None. (4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
 (1)  None. (2)  None. (3)  None. (4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
  
9. TOURISM AND RELATED SERVICES 
A. Services of hotels and 
restaurants (CPC 641** (excluding 64191,64192); 642; 643)
 (1) None. (2) None. (3) None, except for the following: 
- Commercial presence  is allowed only 
in the form of a juridical person of Kazakhstan. 
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
 (1)  None. (2)  None. (3)  None, except as indicated in the column 
"Limitations on market access". 
  (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
  
B. Travel agency and tour operator 
services (CPC 74710)  (1)  None, except for travel agencies:  
Unbound for a period of 2 years starting from the date of Kazakhstan's accession to the WTO.  None afterwards. 
(2) None. (3) None, except for the following: 
- Commercial presence is allowed only in 
the form of a juridical person of Kazakhstan. 
 (1)  None.    (2)  None. (3)  None, except as indicated in the column 
"Limitations on market access". 
 
   
  GATS/SC/154  
 
- 28 - Mode (s) of Supply:  (1)  Cross-border supp ly  (2)  Consumption abroad  (3)  Commerci al presence  (4)  Presence of natural pers ons  
Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
 - For foreign companies confirmation of 
at least 5 years of relevant work experience in the country of origin is required.  
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
  
   (4) Unbound, except as indicated in Part I "Horizontal Commitments".  
10.  RECREATIONAL, CULTURAL AND SPORTING SE RVICES (other than audio-visual services) 
A.  Entertainmen t services (only 
with respect to CPC 96194 (circus, amusement park and similar attraction services))
 (1) None. (2) None. (3) None. (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
 (1) None. (2) None. (3) None. (4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
  
Entertainment services  Cinema theatre operation services (CPC 96199)
 (1) None. (2) None. (3) None, except for the following: 
- The commercial presence is allowed 
only in the form of the juridical person 
of Kazakhstan.  
(4) Unbound, except as indicated in Part I  "Horizontal Commitments".
 (1) None. (2) None. (3) None, except as indicated in the column 
"Limitations on mark et access" and the 
following: 
- Unbound for subsidies. 
(4) Unbound, except as indicated in Part I  "Horizontal Commitments". 
  
B. News agency services 
(CPC 962) (1) None. 
(2) None. (3) None, except for the following: 
- The commercial presence is allowed 
only in the form of the juridical person of Kazakhstan.  
- Total foreign participation must not 
exceed 20% of stocks (shares) of the juridical person of the Republic of Kazakhstan owning the mass-media entity in Kazakhstan.  
- Notwithstanding mentioned above, 
foreign news agencies could be accredited with the Ministry of Foreign Affairs of the Republic of Kazakhstan for a period not exceeding one year, subject to prolongation on an annual basis.   
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
 (1) None. (2) None. (3)  None, except as indicated in the column 
"Limitations on market access". 
  
 
           (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
   
  GATS/SC/154  
 
- 29 - Mode (s) of Supply:  (1)  Cross-border supp ly  (2)  Consumption abroad  (3)  Commerci al presence  (4)  Presence of natural pers ons  
Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
11.  TRANSPORT SERVICES  
A.  Maritime Transport Services 
International Transport (freight and 
passengers) CPC 7211 and 7212 less cabotage transport (as defined below – 1)
 (1) (a) Liner Shipping: none.  (b) Bulk, tramp, and other international 
shipping, including passenger transportation:  None. 
(2)  None. 
(3)  (a) Establishment of registered company 
for the purpose of operating a fleet under the national flag of the Republic of Kazakhstan:  Unbound. 
 (b) Other forms of commercial presence 
for the supply of international maritime transport services (as defined below – 2):  None, except for the following:   - Commercial presence is allowed 
only in the form of a juridical person of the Republic of Kazakhstan. 
(4) (a) Ships' crews: Unbound  (b) Key personnel employed in relation to 
a commercial pres ence as defined 
under mode 3(b) above:  For ICTs -Unbound except as indicated in the part I "Horizontal commitments".
 (1)  None.      (2)  None. 
(3)  (a) Unbound 
    (b) None, except as indicated in the column 
"Limitations on ma rket access".   
       (4)  (a) Unbound.  (b) Unbound, except as indicated in Part I 
"Horizontal commitments".
 The following services at the port are made available to international maritime transport suppliers on reasonable and no 
discriminatory terms and 
conditions 1. Pilotage 2. Towing and tug 
assistance 
3. Provisioning, fuelling 
and watering 
4. Garbage collecting and 
ballast waste disposal  
5. Port Captain's services 6. Navigation aids 7. Shore-based 
operational services essential to ship operations, including communications, water and electrical supplies 
8. Emergency repair 
facilities 
9. Anchorage, berth and 
berthing services 
 
1) See Note 
MARITIME AUXILIARY SERVICES 
 Maritime Cargo Handling Services (as defined below – 3)
 (1)  Unbound. (2)  None. (3)  None, except for the following:   
- Commercial presence is allowed in 
the form of a juridical person of the Republic of Kazakhstan. 
(4)  Unbound except as indicated in Part I 
"Horizontal commitments" 
 (1)  Unbound. (2)  None. (3) None, except as indicated in the column  "Limitations on  market access". 
  (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
  
Storage and warehousing Services 
CPC 742  (1)  Unbound. (2)  None. 
(3)  None, except for the following:   
- Commercial presence is allowed in the 
form of a juridical person of the Republic of Kazakhstan. 
(4)  Unbound except as indicated in Part I 
"Horizontal commitments" 
 (1)  Unbound. 
(2)  None. 
(3)  None, except as indicated in the column  "Limitations on  market access". 
  (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
   
  GATS/SC/154  
 
- 30 - Mode (s) of Supply:  (1)  Cross-border supp ly  (2)  Consumption abroad  (3)  Commerci al presence  (4)  Presence of natural pers ons  
Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
Container Station and Depot Services 
(as defined below – 4)  (1)  Unbound. (2)  None. (3)  None, except for the following:   
- Commercial presence  is allowed only 
in the form of a juridical person of the Republic of Kazakhstan. 
(4)  Unbound except as indicated in Part I 
"Horizontal commitments" 
 (1)  Unbound. (2)  None. (3) None, except as indicated in the column  "Limitations on  market access". 
  (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
  
Rental services of vessels with crew 
(CPC 7213)  (1)  Unbound. (2)  None. 
(3)  None, except for the following:   
- Commercial presence  is allowed only 
in the form of a juridical person of the Republic of Kazakhstan.  
(4)  Unbound, except as indicated in Part I 
"Horizontal commitments" and subject to the following limitation: - Captain, chief captain's mate, chief 
engineer and signaler must be citizens of the Republic of Kazakhstan. 
 (1)  Unbound. 
(2)  None. 
(3) None, except as indicated in the column  "Limitations on  market access". 
  (4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
  
(d) Maintenance and repair of 
vessels (CPC 8868)  (1) Unbound (2) None (3) None, except for the following: 
- Commercial presence is allowed only in 
the form of a juridical person of Kazakhstan. 
(4) Unbound, except as indicated in the part I 
"Horizontal commitments".
 (1) Unbound (2) None (3) None, except as indicated in the column 
"Limitations on market access". 
  (4) Unbound, except as indicated in the part I 
"Horizontal commitments". 
  
B. Internal Waterways Services     
Rental services of vessels with crew (CPC7223)
 (1)  Unbound. (2)  None. (3)  None, except for the following:   
- Commercial presence is allowed only in 
the form of a juridical person of the Republic of Kazakhstan.  
- Cross border supply of cargo is carried 
out on the basis of bilateral 
agreements of the Republic 
Kazakhstan with other states.  
(4)  Unbound, except as indicated in Part I    "Horizontal commitments" and subject to  the following limitation: 
- Captain, chief captain's mate, chief 
engineer and signaler must be citizens of the Republic of Kazakhstan.
 (1)  Unbound. (2)  None. (3) None, except as indicated in the column  "Limitations on  market access". 
    
 
 (4) Unbound, except as indicated in Part I  "Horizontal Commitments".
   
  GATS/SC/154  
 
- 31 - Mode (s) of Supply:  (1)  Cross-border supp ly  (2)  Consumption abroad  (3)  Commerci al presence  (4)  Presence of natural pers ons  
Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
Maintenance and repair of vessels  
(CPC 8868)  (1)  None. (2)  None. (3)  None, except for: 
-  Commercial presence is allowed only in 
the form of a juridical person of Kazakhstan. 
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
 (1)  None. (2)  None. (3) None, except as indicated in the column  "Limitations on  market access". 
  (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
  
C. Air Transport Services  
Maintenance and repair of aircraft  (CPC 8868)
 (1) None. (2) None. (3) None, except for the following: 
- Commercial presence  is allowed only 
in the form of a juridical person of Kazakhstan. 
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
 (1) None. (2) None. (3) None, except as indicated in the column  "Limitations on  market access". 
  (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
  
Sales and marketing of air transport services
 (1) None. (2)   None. (3)   None, except  for the following: 
- Commercial presence  is allowed only 
in the  form of a juridical person of Kazakhstan. 
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
 (1)   None. (2)   None. (3) None, except as indicated in the column  "Limitations on  market access". 
  (4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
  
Computer Reservation System (CRS)  (1)  None. (2)  None. (3)  None. (4) Unbound, except as indicated in Part I  "Horizontal Commitments". 
 (1)  None. (2)  None. (3)  None. (4) Unbound, except as indicated in Part I  "Horizontal Commitments".
  
Е. Railway Transport Services   
Maintenance and repair of rail 
transport equipment  
(CPC 8868)  
 (1) None. 
(2) None. 
(3)   None, except for the following: 
- Commercial presence  is allowed only 
in the form of a juridical person of Kazakhstan. 
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
 (1) None. 
(2) None.  
(3) None, except as indicated in the column  "Limitations on  market access". 
  (4) Unbound, except as indicated in Part I 
"Horizontal Commitments". 
   
  GATS/SC/154  
 
- 32 - Mode (s) of Supply:  (1)  Cross-border supp ly  (2)  Consumption abroad  (3)  Commerci al presence  (4)  Presence of natural pers ons  
Sector or sub-sector  Limitations on market access  Limitations on national treatment  Additional commitments 
F. Road Transport Services 
Maintenance and repair of road 
transport equipment  (CPC 6112, 8867)  Freight transportation only with regard to the transportation of addressed letters, addressed parcels, packages and goods, and addressed 
press products
17.  (CPC 71235) 
 (1) Unbound. 
(2) None. (3) None, except for the following: 
- Commercial presence  is allowed only 
in the form of a juridical person of Kazakhstan. 
(4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
 (1) Unbound (2) None (3) None, except as indicated in the column 
"Limitations on market access". 
  (4) Unbound, except as indicated in Part I 
"Horizontal Commitments".
  
H. Supporting and Auxiliary Transport Services (excluding respective auxilia ry services for space transp ort and pipeline transport)  
Cargo-handling services (CPC 741*), 
only for maritime transport services, road and rail transport services  
Storage and warehouse services 
(CPC 742*), only for maritime transport services, rail transport services, and road transport services   Freight transport agency services (CPC 748*) only for maritime transport services, rail transport services, road and air transport services.  Pre-shipment inspection, and other supporting and auxiliary transport services with respect to freight brokerage services, transportation document preparation services, freight inspection, weighing and sampling services (CPC 749**), only for maritime transport services, rail transport services, and road transport services 
 (1)  Unbound. (2)  None. (3)   None, except  for the following: 
- Commercial presence is allowed in the 
form of a juridical person of 
Kazakhstan. 
(4) Unbound, except as indicated in Part I  "Horizontal Commitments".
 (1) Unbound. (2)  None.  (3)  None, except as indicated in the column  "Limitations on market access".  
 
 (4) Unbound, except as indicated in Part I  "Horizontal Commitments".
  
 
_______________ 
 
                                               
17 As defined in the Courier serv ices sector of this Schedule. GATS/SC/154 
 
- 33 - 
 
  NOTE TO THE SCHEDULE ON MA RITIME TRANSPORT SERVICES 
 
 Where road, rail, inland waterways and related auxiliary services are not otherwise fully 
covered in Kazakhstan's schedule, a multimodal transport operator shall have the ability to rent or lease trucks, railway carriages or barges, and related equipment, for the purpose of inland 
forwarding of cargoes, or have access to, and use of, these forms of multimodal activities on 
reasonable and non-discriminatory terms and conditions for the purpose of carrying out multimodal transport operations.  "Reasonable and non-discriminatory terms and conditions" 
means, for the purpose of multimodal transport operations and  this additional commitment, the 
ability of the multimodal transport operator to arrange for the conveyance of its merchandise on a timely basis, including priority over other merchandise which has entered the port at a later date. 
 
DEFINITIONS 
1. Without prejudice to the scope of activities which may be considered as "cabotage" under 
the relevant national legislation, this schedule does not include "maritime cabotage services", which are assumed to cover transportation of pa ssengers or goods between a port located in 
Kazakhstan and another port located in Kazakhstan and traffic originating and terminating in the 
same port located in Kazakhstan provided that this traffic remains within Kazakhstan's territorial waters. 
 
2. "Other forms of commercial presence for the supply of international maritime transport services" means the ability for international maritime transport service suppliers of other Members 
to undertake locally all activities which are necessary for the supply to their customers of a 
partially or fully integrated transport service, within which the maritime transport constitutes a substantial element.  (This commitment shall however not be construed as limiting in any manner the commitments undertaken under the cross-border mode of delivery). 
 
These activities include, but are not limited to:  
(a) marketing and sales of maritime transport and related services through direct contact with 
customers, from quotation to invoicing, these services being those operated or offered by the service supplier itself or by service suppliers with which the service seller has 
established standing business arrangements; 
 (b) the acquisition, on their own account or on behalf of their customers (and the resale to 
their customers) of any transport and related services, including inward transport services 
by any mode, particularly inland waterways, road and rail, necessary for the supply of the 
integrated services; 
 
(c)  the preparation of documentation concerning  transport documents, customs documents, or 
other documents related to the origin and character of the goods transported; 
 
(d) the provision of business information by any means, including computerised information 
systems and electronic data interchange (subject to the provisions of the annex on telecommunications); 
 
(e) the setting up of any business arrangements (including participation in the stock of a 
company) and the appointment of personnel recruited locally (or, in the case of foreign personnel, subject to the horizontal commitment on movement of personnel) with any 
locally established shipping agency; 
 (f)  acting on behalf of the companies, organisi ng the call of the ship or taking over cargoes 
when required. 
  3. "Maritime cargo handling services" means activities exercised by stevedore companies, 
including terminal operators, but not including the di rect activities of dockers, when this workforce 
is organized independently of the stevedoring or terminal operator companies.  The activities 
covered include the organization and supervision of: 
 GATS/SC/154 
 
- 34 - 
 
  - the loading/discharging of cargo to/from a ship; 
- the lashing/unlashing of cargo; - the reception/delivery and safekeeping of ca rgoes before shipment or after discharge. 
 
4. "Container station and depot services" means activities consisting in storing containers, 
whether in port areas or inland, with a view to their stuffing/stripping, repairing and making them 
available for shipments. 
 
 
_______________ 
 
 
 GATS/SC/154 
 
- 35 - 
 
   
REFERENCE PAPER 
Scope 
 
The following are definitions and principles on the regulatory framework for the basic 
telecommunications services.    
Definitions 
 
Users mean service consumers and service suppliers. 
 
Essential facilities mean facilities of a public telecommunications transport network or service that 
 
(a) are exclusively or predominantly prov ided by a single or limited number of 
suppliers;  and 
 
(b) cannot feasibly be economically or technically substituted in order to provide a 
service. 
 A major supplier is a supplier which has the ability to materially affect the terms of participation 
(having regard to price and supply) in the relevant market for basic telecommunications services 
as a result of: 
  (a) control over essential facilities;  or 
 
 (b) use of its position in the market.  
 
1. Competitive safeguards 
 1.1 Prevention of anti-competitive practices in telecommunications 
  Appropriate measures shall be maintained fo r the purpose of preventing suppliers who, 
alone or together, are a major supplier from engaging in or continuing anti-competitive practices. 
 
1.2 Safeguards 
 
 The anti-competitive practices referred to above shall include in particular: 
 
(a) engaging in anti-competitive cross-subsidization;   
 
(b) using information obtained from competitors with anti-competitive results;  and 
 
(c) not making available to other services suppliers on a timely basis technical 
information about essential facilities and commercially relevant information which 
are necessary for them to provide services.  
 
2. Interconnection 
 
2.1 This section applies to linking with suppliers providing public telecommunications transport networks or services in order to allow the users of one supplier to communicate with users of 
another supplier and  to access services provided by another supplier, where specific commitments 
are undertaken.   
2.2 Interconnection to be ensured 
 
 Interconnection with a major supplier will be ensured at any technically feasible point in 
the network.  Such interconnection is provided. 
 
(a) under non-discriminatory terms, conditions (including technical standards and 
specifications) and rates and of a quality no less favourable than that provided for GATS/SC/154 
 
- 36 - 
 
  its own like services or for like services of non-affiliated service suppliers or for its 
subsidiaries or other affiliates; 
 
(b) in a timely fashion, on terms, conditions (including technical standards and 
specifications) and cost-oriented rates that are transparent, reasonable, having 
regard to economic feasibility, and sufficiently unbundled so that the supplier need not pay for network components or facilities that it does not require for the service 
to be provided;  and 
 
(c) upon request, at points in addition to the network termination points offered to the 
majority of users, subject to charges th at reflect the cost of construction of 
necessary additional facilities. 
  
2.3 Public availability of the procedures for interconnection negotiations 
 
 The procedures applicable for interconnection to a major supplier will be made publicly 
available. 
  2.4 Transparency of interconnection arrangements 
  It is ensured that a major supplier will make publicly available either its interconnection agreements or a reference interconnection offer. 
 
 2.5 Interconnection:  dispute settlement 
  A service supplier requesting interconnection with a major supplier will have recourse, either:  
 (a) at any time or 
  (b) after a reasonable period of time which has been made publicly known 
 
to an independent domestic body, which may be a regulatory body as referred to in paragraph 5 below, to resolve disputes regarding appropriate terms, conditions and rates for interconnection 
within a reasonable period of time, to the extent  that these have not been established previously. 
  3. Universal service 
  Any Member has the right to define the kind of universal service obligation it wishes to maintain.  Such obligations will not be regarded as anti-competitive per se , provided they are 
administered in a transparent, non-discriminatory and competitively neutral manner and are not 
more burdensome than necessary for the kind of universal service defined by the Member.  
 
 
4. Public availability of licensing criteria 
  Where a licence is required, the following will be made publicly available: 
 
(a) all the licensing criteria and the period of time normally required to reach a 
decision concerning an application for a licence  and 
 
(b) the terms and conditions of  individual licences. 
 
 The reasons for the denial of a licence will be made known to the applicant upon request. 
  GATS/SC/154 
 
- 37 - 
 
  5. Independent regulators 
 
 The regulatory body is separate from, an d not accountable to, any supplier of basic 
telecommunications services. The decisions of and the procedures used by regulators shall be 
impartial with respect to all market participants. 
  
6. Allocation and use of scarce resources 
 
 Any procedures for the allocation and use of scarce resources, including frequencies, n u m b e r s  a n d  r i g h t s  o f  w a y ,  w i l l  b e  c a r r i e d  o u t  i n  a n  o b j e c t i v e ,  t i m e l y ,  t r a n s p a r e n t  a n d  n o n -
discriminatory manner. The current state of allocated frequency bands will be made publicly 
available, but detailed identification of frequencies allocated for specific government uses is not required. 
 
 
__________