WORLD TRADE  
ORGANIZATION   
GATS/SC/148 
5 November 2012 
 (12-6059) 
Trade in Services   
  
 
VANUATU  
 
Schedule of Specific Commitments 
 
(This is authentic in English only)  
 
 
_______________ 
  
  GATS/SC/148 
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Sector Limitations of Market Access Limitations  on National Treatment Additional commitments 
I. HORIZONTAL COMMITMENTS 
All sectors included in this schedule (3) Government approval is required for 
all foreign investors under Foreign 
Investment Act No. 15 of 1998 and its Amendments in effect as of 
the date of accession.
1  The decision 
is made on objective published criteria. 
 
 (4) Unbound except for measures 
affecting the entry and temporary 
stay of natural persons with managerial and technical skills 
which are in short supply in Vanuatu 
or fall within the following categories: 
 
 i. business managers  
 ii. intracorpor ate transferees 
(Managers, executives and specialists, who are employees 
of firms that provide services 
within Vanuatu through a branch, subsidiary or affiliate 
established in Vanuatu) 
 iii. professionals under 
employment contract Vanuatu 
provides entry in accordance 
with the terms established under the Labour (Work Permits) Act 
and its Amendments in effect as 
of the date of accession for (3) Subject to limitation on purchase of 
real estate. 
 The Vanuatu Constitution prohibits 
freehold ownership of land.  Indigenous 
Ni-Vanuatu alone can own land under customary law provisions.  Indigenous 
citizens and expatriates can hold land in 
leasehold.  
                                                      
1 The Government of Vanuatu currently requires foreigners to invest a minimum of US$40,000 (VT 5 million) in order to establish a business in Vanuatu.  Vanuatu 
reserves the right to raise this minimum in line with general cost increases.  
   GATS/SC/148
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Sector Limitations of Market Access Limitations  on National Treatment Additional commitments 
   bona fide  business visitors and 
service sellers2.  These terms will 
not be made more restrictive, except in accordance with 
the provisions of the General 
Agreement on Trade in Services (GATS).   
                                                      
2 Service sellers are defined for the purpose of this offer as natural persons who are seeking te mporary entry for the purpose o f negotiating for the sale of services for that 
service supplier, where those representatives will not be engaged in making direct sales to the general public.  
  GATS/SC/148 
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Sector Limitations of Market Access Limitations  on National Treatment Additional commitments 
II. SECTOR SPECIFIC COMMITMENTS 
1. BUSINESS SERVICES 
A. Professional Services 
(a) Legal services, home and host 
country law, including international 
law 
 (CPC 861) (1) Supply must be through a domestic 
law firm 
(2) None (3) Commercial presence must take the 
form of sole proprietorship or 
partnership. 
(4) Unbound, except as indicated in 
the horizontal section (1) None 
 
(2) None (3) None 
 
 (4) Unbound, except as indicated in 
the horizontal section  
(b) Accounting, auditing and 
bookkeeping services 
 (CPC 862) (1) None  
(2) None 
(3) None  
(4) Unbound, except as indicated in 
the horizontal section (1) None  
(2) None 
(3) None  
(4) Unbound, except as indicated in 
the horizontal section  
(d) Architectural services  
 (CPC 8671) (1) None  
(2) None 
(3) None  
(4) Unbound, except as indicated in 
the horizontal section (1) None  
(2) None 
(3) None  
(4) Unbound, except as indicated in 
the horizontal section  
(e) Engineering services 
 (CPC 8672) (1) None  
(2) None (3) None  
(4) Unbound, except as indicated in 
the horizontal section (1) None  
(2) None (3) None  
(4) Unbound, except as indicated in 
the horizontal section  
(i) Veterinary services 
 (CPC 932) (1) None  
(2) None 
(3) None  (4) Unbound, except as indicated in 
the horizontal section (1) None  
(2) None 
(3) None  (4) Unbound, except as indicated in 
the horizontal section  
B. Computer and Related Services 
 (CPC 84) (1) None  
(2) None 
(3) None  
(4) Unbound, except as indicated in 
the horizontal section (1) None  
(2) None 
(3) None  
(4) Unbound, except as indicated in 
the horizontal section   
   GATS/SC/148
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Sector Limitations of Market Access Limitations  on National Treatment Additional commitments 
F. Other Business Services 
(c) Management consulting services 
(CPC 865) (1) None  
(2) None 
(3) None  (4) Unbound, except as indicated in 
the horizontal section (1) None  
(2) None 
(3) None  (4) Unbound, except as indicated in 
the horizontal section  
(f) Services incidental to agriculture, 
hunting and forestry  
(CPC 88110, 88120) (1) None  
(2) None 
(3) None  
(4) Unbound, except as indicated in 
the horizontal section (1) None  
(2) None 
(3) None  
(4) Unbound, except as indicated in 
the horizontal section  
2. COMMUNICATION SERVICES 
Commitments are taken consistent with "Notes for Scheduling Basi c Telecom Services Commitments" (S/GBT/W/2/Rev.1) and "Market A ccess Limitations on Spectrum 
Availability" (S/GBT/W/3). 
B. Courier Services (1) None  
(2) None (3) None  
(4) Unbound, except as indicated in 
the horizontal section (1) None  
(2) None (3) None  
(4) Unbound, except as indicated in 
the horizontal section  
C. Telecommunication Services 
  (1), (2), (3) None, from 1 January 2012   
(4) Unbound, except as indicated in 
the horizontal section (1), (2), (3) None, from 1 January 2012   
(4) Unbound, except as indicated in 
the horizontal section Vanuatu undertakes the obligations 
contained in the attached Reference Paper at the end of the monopoly period. 
(a) Voice telephone services (b) Packet-switched data transmission 
services 
(c) Circuit-switched data transmission 
services 
(d) Telex services 
(e) Telegraph services 
(f) Facsimile services (g) Private leased circuit services (1) None 
(2) None (3) Unbound until 31 December 2011 as 
provided by a monopoly by Telecom 
Vanuatu Limited.  Starting no later than 1 January 2012:  None 
(4) Unbound, except as indicated in 
the horizontal section (1) None 
(2) None (3) After 1 January 2012:  None 
 
  
(4) Unbound, except as indicated in 
the horizontal section Vanuatu undertakes the obligations 
contained in the attached Reference Paper at the end of the monopoly period.  
  GATS/SC/148 
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Sector Limitations of Market Access Limitations  on National Treatment Additional commitments 
(h) Electronic mail 
(i) Voice mail 
(j) On-line information and data base 
retrieval 
(k) Electronic data interchange 
(l) Enhanced/value-added facsimile 
services (including store and 
forward, store and retrieve) 
(m) Code and protocol conversion (n) On-line information and/or data 
processing (including transaction 
processing) (1) Services provided only over circuits 
leased from Telecom Vanuatu 
Limited.  Starting no later than 1 January 2012:  None 
(2) None 
(3) Services provided only over circuits 
leased from Telecom Vanuatu 
Limited.  Starting no later than 
1 January 2012:  None 
(4) Unbound except as indicated in 
the horizontal section (1) After 1 January 2012:  None 
 
  
(2) None 
(3) After 1 January 2012:  None  
 
 (4) Unbound except as indicated in 
the horizontal section  
(o) Other 
 
 Mobile services Analogue/Digital 
cellular services PCS (Personal 
Communications Services) Paging 
services Mobile data services (1) Services provided only over circuits 
leased from Telecom Vanuatu 
Limited.  Starting no later than 1 January 2012:  None 
(2) None 
(3) Services provided only over circuits 
leased from Telecom Vanuatu 
Limited.  Starting no later than 1 January 2012:  None 
(4) Unbound except as indicated in 
the horizontal section. (1) After 1 January 2012:  None 
 
  
(2) None 
(3) After 1 January 2012:  None. 
 
  
(4) Unbound except as indicated in 
the horizontal section.  
D. Audiovisual 
(a) Motion picture and videotape 
production and distribution services  
 (CPC 9611) (1) None 
(2) None 
(3) None 
  
(4) Unbound, except as indicated in 
horizontal section (1), (2), (3)  None, except unbound for 
support programmes established and 
funded by the Government of 
Vanuatu to preserve or promote the cultural identity of Vanuatu 
(4) Unbound, except as indicated in 
horizontal section  
3. CONSTRUCTION AND RELATED ENGINEERING SERVICES 
A. General construction work for 
buildings  
 (CPC 512) (1) Unbound 
(2) None 
(3) None 
(4) Unbound, except as indicated in 
the horizontal section (1) None 
(2) None 
(3) None 
(4) Unbound, except as indicated in 
the horizontal section  
                                                      
 Unbound due to lack of technical feasibility.  
   GATS/SC/148
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Sector Limitations of Market Access Limitations  on National Treatment Additional commitments 
B. General construction for civil 
engineering  
 (CPC 513) (1) Unbound* 
(2) None 
(3) None  (4) Unbound, except as indicated in 
the horizontal section (1) None 
(2) None 
(3) None (4) Unbound, except as indicated in 
the horizontal section  
4. DISTRIBUTION SERVICES 
A. Commission agents' services   
 (CPC 621) (1) None 
(2) None (3) None, except for licensing 
 requirements 
  
 
 (4) Unbound, except as indicated in 
the horizontal section (1) None 
(2) None (3) Non-citizens and non-resident 
foreign investors must pay an 
additional annual fee of VT 91,800 and must have received an approval 
certificate from the Vanuatu 
Investment Promotion Authority.   
(4) Unbound, except as indicated in 
the horizontal section In accordance with the Foreign Investment 
Act of 1998, approva l certificates are 
issued by the Vanuatu Investment 
Promotion Authority in a transparent and 
automatic manner 
B. Wholesale trade services  (CPC 622) (1) None 
(2) None 
(3) Unbound 
 
 
  
 
(4) Unbound, except as indicated in 
the horizontal section (1) None 
(2) None 
(3) Non-citizens and non-resident 
foreign investors must pay an 
additional annual fee of VT 91,800 
and must have received an approval certificate from the Vanuatu 
Investment Promotion Authority 
(4) Unbound, except as indicated in 
the horizontal section In accordance with the Foreign Investment 
Act of 1998, approva l certificates are 
issued by the Vanuatu Investment 
Promotion Authority in a transparent and 
automatic manner 
C. Retailing services 
 (CPC 631, 632, 6111, 6113, 6121) (1) None 
(2) None (3) Unbound 
 
  
 
 (4) Unbound, except as indicated in 
the horizontal section (1) None 
(2) None (3) Non-citizens and non-resident 
foreign investors must pay an 
additional annual fee of VT 91,800 and must have received an approval 
certificate from the Vanuatu 
Investment Promotion Authority 
(4) Unbound, except as indicated in 
the horizontal section In accordance with the Foreign Investment 
Act of 1998, approva l certificates are 
issued by the Vanuatu Investment Promotion Authority in a transparent and automatic manner. 
D. Franchising services 
 (CPC 8929) (1) None 
(2) None 
(3) None 
(4) Unbound, except as indicated in 
the horizontal section (1) None 
(2) None 
(3) None 
(4) Unbound, except as indicated in 
the horizontal section   
  GATS/SC/148 
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Sector Limitations of Market Access Limitations  on National Treatment Additional commitments 
5. EDUCATIONAL SERVICES 
 (CPC 921-929) (1) None 
(2) None 
(3) None except services funded from 
state resources, and subject to 
approval by the Government of 
Vanuatu to ensure adequate standards of qualification of 
individuals and of organisations  
(4) Unbound, except as indicated in 
the horizontal section (1) None 
(2) None 
(3) None except services funded from 
state resources 
 
  
 
(4) Unbound, except as indicated in 
the horizontal section  
6. ENVIRONMENTAL SERVICES 
 940 (CPC 1-3) (1) None 
(2) None 
(3) None, except that provision of the 
service at the Central or local level 
may be subject to public monopoly 
or exclusive rights granted to private 
operators, through for instance 
concession contracts 
(4) Unbound, except as indicated in 
the horizontal section (1) None 
(2) None 
(3) None, except that provision of the 
service at the Central or local level 
may be subject to public monopoly 
or exclusive rights granted to private 
operators, through for instance 
concession contracts 
(4) Unbound, except as indicated in 
the horizontal section  
7. FINANCIAL SERVICES 
A. All insurance and related services 
(CPC 812) (1) None 
(2) None (3) None 
(4) Unbound, except as indicated in 
horizontal section (1) None 
(2) None (3) None 
(4) Unbound, except as indicated in 
horizontal section  
B. Banking and other related services  
 (CPC 811-813) (1) None 
(2) None  
(3) Banks must comply with provisions 
of relevant banking legislation 
(4) Unbound, except as indicated in 
horizontal section (1) None 
(2) None 
(3) None  
(4) Unbound, except as indicated in 
horizontal section  
8. HEALTH RELATED AND SOCIAL SERVICES 
A. Hospital services  
 (CPC 9311) (1) None 
(2) None 
(3) None, except services funded from 
state resources 
(4) Unbound, except as indicated in (1) None 
(2) None 
(3) None, except services funded from 
state resources 
(4) Unbound, except as indicated in   
   GATS/SC/148
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Sector Limitations of Market Access Limitations  on National Treatment Additional commitments 
the horizontal section the horizontal section 
C. Social services  
 (CPC 933) (1) None 
(2) None 
(3) None (4) Unbound, except as indicated in 
horizontal section (1) None 
(2) None 
(3) None (4) Unbound, except as indicated in 
horizontal section  
9. TOURISM AND TRAVEL RELATED SERVICES 
A. Hotels and restaurants  
 (CPC 641) (1) None  
(2) None  (3) None, except guest houses if the 
number of beds is less than 50 or less 
than ten rooms or annual turnover is less than VT 20 million; bungalows 
if the annual turnover is less than 
VT 30 million; hotels and motels if the total value of the investment is 
less than VT 10 million or the annual 
turnover is less than VT 20 million; 
and kava bars. 
(4) Unbound, except as indicated in 
the horizontal section (1) None  
(2) None  (3) None 
 
  
 
  
 
 
 
(4) Unbound, except as indicated in 
the horizontal section  
B. Travel agencies (excluding tour 
operating services) (1) None 
(2) None (3) None 
(4) Unbound, except as indicated in 
horizontal section (1) None 
(2) None (3) None 
(4) Unbound, except as indicated in 
horizontal section  
11. TRANSPORT SERVICES 
C. Air Transport Services 
(d) Maintenance and repair of aircraft (1) None 
(2) None 
(3) None 
(4) Unbound, except as indicated in 
horizontal section (1) None 
(2) None 
(3) None 
(4) Unbound, except as indicated in 
horizontal section  
(e) Selling and marketing of air 
transport services.3 (1) None 
(2) None (3) None 
(4) Unbound, except as indicated in 
horizontal section (1) None 
(2) None (3) None 
(4) Unbound, except as indicated in 
horizontal section  
                                                      
3 As defined in paragraph 6(b) of the Annex on Air Transport Services. GATS/SC/148 
Page 10  
 
  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 provided by a single or limited number of 
suppliers; and 
 (b) cannot feasibly be economically or t echnically 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 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 for th e 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 comp etitors with anti-competitive results; 
and 
 (c) not making available to other services suppliers on timely basis technical 
information about essential facilities and comm ercially relevant information which 
are necessary for them to provide services. 
2. Interconnection 
2.1. This section applies to linking with supplie rs, providing public telecommunications transport 
networks or services in order to allow the user s of one supplier to communicate with users of 
another supplier and to access services provi ded by another supplier, where specific 
commitments are undertaken.  GATS/SC/148 
 Page 11 
 
 
  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, c onditions (including technical standards 
and specifications) and rates and of a quality no less favourable than that provided for 
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 ar e transparent, reasonable, having regard 
to economic feasibility, and sufficiently unbundl ed 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 charg es that reflect the cost of construction of 
necessary additional facilities. 
2.3. Public availability of the pro cedures 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 public ly available either its interconnection agreements 
or a reference inte rconnection 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 re garding 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 uni versal 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 ne utral manner and are not more burdensome than 
necessary for the kind of universal service defined by the Member. GATS/SC/148 
Page 12  
 
  4. Public availability of licensing criteria 
Where a licence is required, the followi ng 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 conditio ns of individual licenses. 
The reasons for the denial of a licence will be  made known to the applicant upon request. 
5. Independent regulators 
The regulatory body is separate from, and 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, numbers and 
rights of way, will be carried out in an objective, timely, transparent and non-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. 
 
 
__________