WT/REG372/1  
22 August  2016 
(16-4466) Page: 1/42 
Committee on Regional Trade Agreements   
 
FACTUAL PRESENTATION  
AGREEMENT ON TRADE I N SERVICES BETWEEN IND IA AND  
THE ASSOCIATION OF S OUTHEAST ASIAN NATIO NS 
(SERVICES)  
Report by the Secretariat  
This report, prepared for the consideration of the Agreement on Trade in Services 
between India and the A ssociation of Southeast Asian Nations (ASEAN),  has been 
drawn up by the WTO Secretariat on its own responsibility and in full consultation with 
the Parties. The factual presentation reproduces as closely as possible the terminology 
used in the Agreement an d in the comments provided and does not imply official 
endorsement or acceptance by the Secretariat of such terminology. The report has 
been drawn up in accordance with the rules and procedures contained in the Decision 
for a Transparency Mechanism for Reg ional Trade Agreements (WT/L/671) and thus 
does not imply any value judgement by the Secretariat regarding the contents of the 
Agreement.  
Any technical questions arising from this report may be addressed to Mr. Jean -Daniel 
Rey (tel: +41 22 739 5264) . Any s tatistical questions arising from this report may be 
addressed to  Rowena Cabos (tel: +41 22 739 5185).  
 
 WT/REG 372/1 
 
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TABLE OF CONTENTS  
 
Page 
1   TRADE ENVIRONMENT  ................................ ................................ ................................ . 4 
2   CHARACTERISTIC ELEME NTS OF THE AGREEMENT  ................................ ....................  14 
2.1   Background Information  ................................ ................................ .............................. 14 
2.2   Structure of the Agreemen t ................................ ................................ ......................... 14 
3   PROVISIONS ON TRADE IN SERVICES  ................................ ................................ ....... 15 
3.1   Scope and Definitions  ................................ ................................ ................................ .15 
3.2   Denial of Benefits  ................................ ................................ ................................ .......15 
3.3   General Provisions on Trade in Services  ................................ ................................ ........ 15 
3.3.1    Market access  ................................ ................................ ................................ ......... 15 
3.3.2    National and MFN treatment  ................................ ................................ ...................... 16 
3.3.3    Commercial presence  ................................ ................................ ............................... 16 
3.3.4    Performance requirements  ................................ ................................ ........................ 16 
3.3.5    Senior Managers and Boards of Directors  ................................ ................................ ....16 
3.3.6    Movement of natural persons  ................................ ................................ .................... 16 
3.4   Liberalization Commitments  ................................ ................................ ......................... 17 
3.4.1    India ................................ ................................ ................................ ...................... 17 
3.4.1.1    Horizontal co mmitments  ................................ ................................ ........................ 17 
3.4.1.2    Sector -specific commitments  ................................ ................................ .................. 17 
3.4.2    ASEAN Member States  ................................ ................................ ............................. 19 
3.4.2.1    Brunei Darussalam  ................................ ................................ ................................ 20 
3.4.2.2    Cambodia  ................................ ................................ ................................ ............ 21 
3.4.2.3    Indonesia  ................................ ................................ ................................ ............. 23 
3.4.2.4    Lao PDR  ................................ ................................ ................................ ............... 25 
3.4.2.5    Malaysia  ................................ ................................ ................................ .............. 26 
3.4.2.6    Myanmar  ................................ ................................ ................................ ............. 28 
3.4.2.7    The Philippines  ................................ ................................ ................................ .....30 
3.4.2.8    Singapore  ................................ ................................ ................................ ............ 31 
3.4.2.9    Thailand  ................................ ................................ ................................ .............. 33 
3.4.2.10    Viet Nam  ................................ ................................ ................................ ............ 35 
3.5   Regulatory Provisions  ................................ ................................ ................................ ..37 
3.5.1    Domestic regulation  ................................ ................................ ................................ .37 
3.5.2    Recognition  ................................ ................................ ................................ ............. 37 
3.5.3    Subsidies  ................................ ................................ ................................ ................ 37 
3.5.4    Safeguards  ................................ ................................ ................................ ............. 37 
3.5.5    Other  ................................ ................................ ................................ ..................... 38 
3.5.5.1    Monopolies and exclusive service suppliers  ................................ ............................... 38 
3.5.5.2    Investment  ................................ ................................ ................................ .......... 38 
4   GENERAL PROVISIONS O F THE AGREEMENT  ................................ .............................  38 WT/REG 372/1 
 
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4.1   Transparency  ................................ ................................ ................................ ............. 38 
4.2   Payments, transfers and capital movements  ................................ ................................ ..38 
4.3   Exceptions  ................................ ................................ ................................ ................. 39 
4.3.1    General excep tions ................................ ................................ ................................ ..39 
4.3.2    Security exceptions  ................................ ................................ ................................ ..39 
4.4   Accession and termination  ................................ ................................ ........................... 39 
4.5   Institutional framework  ................................ ................................ ............................... 39 
4.6   Dispute settlement  ................................ ................................ ................................ .....39 
4.7   Relationship with other agreements concluded by th e Parties  ................................ ........... 39 
4.8   Other  ................................ ................................ ................................ ........................ 42 
4.8.1    Cooperation  ................................ ................................ ................................ ............ 42 
 WT/REG 372/1 
 
- 4 - 
 
 
Key Facts  
 
Parties to the Agreement : ASEAN member states (Brunei 
Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, 
Myanmar, Philippines, Singapore, Thailand, and Viet Nam) and 
India 
 
Date of Signature :  13 November 2014  
 
Date of Entry into Force : 1 July 2015  
 
Date of Notification :   20 August 2015 
 
Full implementation :  20 August 2015  
 
 
1  TRADE ENVIRONMENT  
1.1.  The Agreement on Trade in Services under the framework agreement on comprehensive 
economic cooperation between India and the Association of Southeast Asian Nations1 (hereafter 
"the Agreement")  is ASEAN's 6th regional trade agreement (RTA) .2 It is however ASEAN's 3rd 
Agreement covering trade in services. The Agreement is India's 14th RTA3 but India's 5th RTA in 
trade in services.  
1.2.  In commercial services, India ranked 5th globally in terms of both  global exports and imports, 
amounting to US$ 156 billion and US$ 147 billion, respectively .4 This represents  3.15% and 3.07% 
of world exports and imports, respectively.  
1.3.  Among the A SEAN members, Singapore accounted  for the largest share of world trade 
follow ed by Thailand and Malaysia (Table 1.1). Among the newer ASEAN members (Cambodia, Lao 
PDR, Myanm ar and Viet Nam) Viet Nam had  the largest share of exports and imports of 
commercial services, while Lao PDR has the smallest share.  
Table 1.1 Commercial services trade by ASEAN member states and India, 2014  
 Exports  Imports  
Value 
(US$ 
million)  Share in 
World 
Total (%)  Rank  Value  
(US$ 
million)  Share in 
World 
Total (%)  Rank  
ASEAN        
Brunei Darussalam  479 0.01 120 2,019  0.04 87 
Cambodia  3,923  0.08 54 1,993  0.04 88 
Indonesia  22,920  0.46 22 33,076  0.69 20 
Lao PDR a  761 0.02 110 523 0.01 126 
Malaysia  39,410  0.80 18 44,715  0.93 19 
Myanmar a  2,204  0.05 74 1,456  0.03 96 
Philippines  24,823  0.50 21 19,684  0.41 28 
Singapore  140,140  2.84 6 141,323  2.96 6 
Thailand  54,942  1.11 13 52,888  1.11 17 
Viet Nam  10,833  0.22 36 14,305  0.30 36 
India  155,627  3.15 5 146,930  3.07 5 
a Refers to 2013.  
Note:  Rank excludes intra -EU trade.  
Source:  WTO Statistics Database , Trade Pr ofiles (September 2015 ). 
                                                
1 The ASEAN is composed of Brunei Darussalam, the Kingdom of Cambodia (Cambodia); the Republic of 
Indonesia (Indonesia); the Lao People's Democratic Republic (Lao PDR); Malaysia; the Republic of the Union of 
Myanmar (Myanmar); the Republic of the Philippines (Philippines); the Republic of Singapore (Singapore); the 
Kingdom of Thailand (Thailand); and the Socialist Republic of Viet Nam (Viet Nam).  
2 Including the Agreement on the agreement establishing the ASEAN Free Trade Area.  
3 Not counting the Global System of Trade Preferences among Developing Countries.  
4 Source: WTO Trade Profile (September 2015; 2014 data; and ranking excluding intra -EU trade).  WT/REG 372/1 
 
- 5 - 
  
1.4.  Chart 1.1 shows the breakdown of commercial services trade for India  in 2005 -2014. During 
this period, India has run a constant trade deficit in these services. While its exports are 
dominated by other business services and compute r and information services, key imports are 
transport and other business services.  
1.5.  Figures on India's bilateral  commercial services trade with ASEAN have not been made 
available . 
Chart 1.1 India, total  commerc ial services trade, 2005 -2013  
020,00040,00060,00080,000100,000120,000140,000160,000
2005 2006 2007 2008 2009 2010 2011 2012 2013A. India exports to world
2005 -2013
(US$ Million)
020,00040,00060,00080,000100,000120,000140,000160,000
2005 2006 2007 2008 2009 2010 2011 2012 2013B. India imports from world
2005 -2013
(US$ Million)
 
Note:  Based on BPM5.  
Source:  WTO Statistics Database.  
 
1.6.  Charts 1. 2. to 1.11  show the breakdown of commercial services trade for the ASEAN member 
states with the world, and when available with India, during periods w hich differ between ASEAN 
members . ASEAN's  top three traders (both for exports and imports) were Singapore, Thailand, and 
Malaysia. In general travel and transport services are important exports and imports although 
other business services are also important notably  for Indonesia, the Philippines and Singapore.  
Chart 1.2 Brunei Darussalam, total trade in commercial services with world 2012 -2014  
01,0002,0003,0004,0005,000
2012 2013 2014A. Brunei Darussalam exports to world
2012 -2014
(US$ Million)
01,0002,0003,0004,0005,000
2012 2013 2014B. Brunei Darussalam imports from world
2012 -2014
(US$ Million)
 
Note:  Based on BPM 5. 
Source:  Brunei Darussalam authorities . WT/REG 372/1 
 
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Chart 1.3 Cambodia , tota l trade in commercial services with w orld 2012 -2014  
02,0004,0006,0008,00010,00012,00014,00016,000
2012 2013 2014A. Cambodia exports to world
2012 -2014
(US$ Million)
02,0004,0006,0008,00010,00012,00014,00016,000
2012 2013 2014B. Cambodia imports from world
2012 -2014
(US$ Million)
 
Note:  Based on BPM5.  
Source:  Brunei Cambodian authorities.  
Chart 1.4 Indonesia , total trade in commercia l services with world 20 05-2014  
05,00010,00015,00020,00025,00030,00035,00040,000
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014A. Indonesia exports to world
2005 -2014
(US$ Million)
05,00010,00015,00020,00025,00030,00035,00040,000
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014B. Indonesia imports from world
2005 -2014
(US$ Million)
 
Note:  Based on BPM5 . 
 No trade data on comm unication services 82013 -2014) and no export data on Insurance (2012) . 
Source:  WTO Statistics Database and Indonesian authorities (2012 -2014) . WT/REG 372/1 
 
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Chart 1.5 Lao PDR, total trade in commercial services with world (2005 -2014 for 
exports; and 2 005-2012 for imports)  
0100200300400500600700800
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014A. Lao PDR exports to world
2005 -2014
(US$ Million)
0100200300400500600700800
2005 2006 2007 2008 2009 2010 2011 2012B. Lao PDR imports from world
2005 -2012
(US$ Million)
 
Note:  Based on BPM 5. 
 No export data (2005 -2008) and import data (2013 -2014) on Construction.  No export data (2005 -
2010) and import data (2005 -2010, 2013 -2014) on Financial services.  No import data on Transport, 
Travel, Communicati ons services and Insurance (2013 -2014).  No trade data on Computer and 
information services, Royalties and licence fees, Other business services and Personal, cultural and 
recreational services (2005 -2014).  
Source : WTO Statistics Database and Lao PDR autho rities (2012 -2014 exports only) . WT/REG 372/1 
 
- 8 - 
 
Chart 1.6 Malaysia , total trade in commercial services with  India (2012 -2014) and  world 
(2005 -2014 ) 
-20020406080100
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014C. Malaysia exports to world 
2005 -2014
(US$ Billion)
020406080100
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014D. Malaysia imports from world
2005 -2014
(US$ Billion)0.00.51.01.52.0
2012 2013 2014A. Malaysia exports to India
2012 -2014
(US$ Billion)
0.00.51.01.52.0
2012 2013 2014B. Malaysia imports from India
2012 -2014
(US$ Billion)
 
Note:  Based on BPM6.  
 No bilateral trade on Manufacturing services on physical inputs owned by others ( 2012-2014);  No 
bilateral exports on Maintenance and repair services n.i.e. (2012 -2014);  No data of exports to world 
(2010 -2011) and imports from world (2005 -2011) on Manufacturing services on physical inputs 
owned by others (2010 -2011); No data on export t o world on Maintenance and repair services n.i.e. 
(2005 -2009).  
 Exchange rate used for Malaysia (Malaysian Ringgit per US Dollar): 3.089 (2012), 3.151 (2013) and 
3.273 (2014).  
Source:  WTO Statistics Database and Malaysian authorities (201 2-2014 FDI bilater al and world) . WT/REG 372/1 
 
- 9 - 
  
Chart 1.7 Myanmar , total trade in com mercial services with world 2005 -2014  
05001,0001,5002,0002,5003,0003,500
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014A. Myanmar exports to world
2005 -2014
(US$ Million)
05001,0001,5002,0002,5003,0003,500
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014B. Myanmar  imports from world
2005 -2014
(US$ Million)
 
Note:  Based on BPM5.   
 No trade data on Construction services, Financial services, Computer and information services and 
Royalties and licence fe es.  
 No data on exports (2012 -2014) and imports (2014) for Personal, cultural and recreational services . 
Source:  WTO Statistics Database and Myanmar authorities (2012 -2014).  
Chart 1.8 Philippines , total trade in com mercial services with world 2005 -2014  
051015202530
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014A. Philippines exports to world
2005 -2014
(US$ Billion)
051015202530
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014B.  Philippines imports  from world
2005 -2014
(US$ Billion)
 
Note:  Based on BPM6.  
 No trade for Manufacturing services on physical inputs owned by others (2005 -2014).  
Source:  WTO Statistics Database and Phi lippine authorities (2010 -2014) . WT/REG 372/1 
 
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Chart 1.9 Singapore , total trade in comm ercial services with  India (2012 -2014) and  
world (2005 -2014)  
012345
2012 2013 2014A. Singapore exports to India
2012 -2014
(US$ Billion)
012345
2012 2013 2014B. Singapore imports from India
2012 -2014
(US$ Billion)
050100150200
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014C. Singapore exports to world
2005 -2014
(US$ Billion)
050100150200
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014D. Singapore imports from world
2005 -2014
(US$ Billion)
 
Note:  Based on BPM6.  
Source:  WTO Statistics Database and Singapore authorities (201 2-2014 FDI bilateral and world) . 
Chart 1.10 Thailand , total trade in com mercial services wi th world 2005 -2014  
010,00020,00030,00040,00050,00060,00070,000
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014A. Thailand exports to world
2005 -2014
(US$ Million)
010,00020,00030,00040,00050,00060,00070,000
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014B. Thailand imports from world
2005 -2014
(US$ Million)
 
Note:  Based on BPM5.  
 The 2014 data is preliminary.  
Source:  WTO Statistics Database and Thailand  authorities  (2010-2014) . WT/REG 372/1 
 
- 11 - 
  
Chart 1.11 Viet Nam , total trade in com mercial services with world 2005 -2014  
02,0004,0006,0008,00010,00012,00014,00016,000
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014C. Viet Nam exports to world
2005 -2014
(US$ Million)
02,0004,0006,0008,00010,00012,00014,00016,000
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014D. Viet Nam imports from world
2005 -2014
(US$ Million)
020406080100120140160
2012 2013 2014A. Viet Nam exports to India
2012 -2014
(US$ Million)
020406080100120140160
2012 2013 2014B. Viet Nam imports from India
2012 -2014
(US$ Million)
 
Note:  Based o n BPM5.   
 No trade data on Construction services, Computer and information services, Royalties and licence 
fees, Other business services and Personal cultural and recr eational services (2005 -2011). Only 
bilateral trade available is exports on Travel (2012 -2014) and i mports on Transport (2012 -2014) . 
Source:  WTO Statistics Database and Viet Nam  authorities  (2012 -2014) . 
 
1.7.  While Tables 1.2 and 1.3 show ASEAN Member States' foreign direct investment (FDI) stocks 
and flows during 2005 -2014, Chart  1.12 picture s India's stocks and flows during the same period.  
1.8.  Table 1.2, based on available data on total inward and outward foreign direct investment  
(FDI)  stocks with the world for each ASEAN Member State , shows that  Singapore remains the 
largest source and destinatio n for FDI . It is also the largest investor in India and the largest 
recipient of FDI from India among ASEAN members.   WT/REG 372/1 
 
- 12 - 
 
Table 1.2 ASEAN, total inward and outward foreign direct investment stock with world 
and In dia, by country, 2005 -2014  
(US$ billion)  
   
2005  2006  2007  2008  2009  2010  2011  2012  2013  2014  
Brunei Darussalam  World  I 2.1 2.6 2.8 3.1 3.5 4.1 4.8 5.7 6.3 6.2 
  O 0.6 0.7 0.7 0.7 0.7 0.7 0.7 0.3 0.1 0.1 
Cambodia  World  I 2.5 3.0 3.0 3.9 4.8 6.2 3.0 9.4 11.2 13.0 
  O 0.3 0.3 0.3 0.3 0.3 0.3 0.4 0.4 0.5 0.5 
Indonesia  World  I 41.2 54.5 79.9 72.2 108.8  160.7  184.8  211.6  230.8  253.1  
  O - 1.0 3.2 2.8 3.9 6.7 6.2 12.4 19.4 24.1 
 India I - - - - - - - 0.008  0.011  0.003  
  O - - - - - - - - - - 
Lao People's  Dem. Rep.  World  I 0.68 0.87 1.19 1.42 1.61 1.89 2.19 2.48 2.91 3.63 
  O 0.01 0.05 0.09 0.01 0.01 0.01 0.01 0.01 - - 
Malaysia  World  I 44.5 53.7 75.8 73.6 79.0 101.6  115.1  131.3  141.7  142.8  
  O 22.0 36.1 58.4 66.9 79.7 97.0 106.4  119.2  133.5  144.9  
 India I - - - - - - - 0.11 0.04 0.03 
  O - - - - - - - 1.10 2.15 3.96 
Myanmar  World  I 6.5 7.2 7.2 7.8 7.8 14.5 15.6 16.1 16.7 17.7 
  O - - - - - - - - - - 
Philippines  World  I 15.0 16.9 20.5 21.7 22.9 25.9 31.0 36.5 47.3 57.1 
  O 2.0 2.1 5.7 5.7 6.1 6.7 7.5 9.2 29.0 35.6 
Singapore  World  I 237.0  313.2  420.9  459.0  507.9  632.8  688.8  554.9  632.9  736.6  
  O 188.5  267.4  342.3  313.7  375.8  458.6  465.4  361.3  392.3  442.6  
 India I - - - - - - - 17.2 17.3 17.6 
  O - - - - - - - 9.4 11.0 13.5 
Thailand  World  I 61.4 78.2 94.7 94.5 106.9  142.5  159.3  180.1  187.3  200.2  
  O 5.2 6.7 8.3 10.6 14.9 24.6 42.1 57.1 66.4 70.5 
 India I - - - - - 0.3 0.4 0.4 0.4 0.3 
  O - - - - - 0.3 0.6 0.6 0.8 0.8 
Viet Nam  World  I 22.4 24.8 31.8 41.4 49.0 57.0 64.5 210.5  232.1  253.8  
  O 0.1 0.2 0.3 0.6 1.3 2.2 3.2 14.0 18.2 19.8 
 India I - - - - - - - 0.251  0.254  0.299  
  O - - - - - - - 0.001  0.002  0.006  
Note:  - no data.  
 I – inward O – outward.  
 Exchange rate used for Malaysia (Malaysian Ringgit per US Dollar): 3.089 (2012), 3.151 (2013)  and 
3.273 (2014).  
Source:  Authorities of Indonesia (bilateral inward stock and trade with world 2012 -2014), Malaysia 
(2012 -2014), Singapore (2012 -2014), Thailand (2010 -2014), Viet Nam (2012 -2014) and UNCTAD.  
 
1.9.  Table 1.3 shows total foreign direct investmen t flows by ASEAN member states during 2005 -
2014. As for its investment in India, among ASEAN members, Singapore has consistently been the 
largest recipient and provider of direct investment from and to the world, respectively. Malaysia 
and Indonesia have c onsistently been the second and third largest providers of FDI during the 
period survey ed. Thailand and Malaysia have consistently been next as the second and third 
largest recipients of FDI, respec tively, for most of this period. In the second part of the  period, 
Indonesia became the third destination for FDI, following Singapore and Thailand . WT/REG 372/1 
 
- 13 - 
  
Table 1.3 ASEAN, total inward and outward foreign direct investment flow with world 
and India, by country, 2005 -2014  
(US$ billion)  
   2005  2006  2007  2008  2009  2010  2011  2012  2013  2014  
Brunei 
Darussalam  World  I 0.29 0.43 0.26 0.32 0.37 0.48 0.69 0.86 0.78 0.57 
  O 0.02 0.02 -0.01 0.02 0.01 0.01 0.01 -0.42 -0.14              - 
Cambodia  World  I 0.38 0.48 0.87 0.85 0.93 1.34 1.37 1.56 1.27 1.73 
  O 0.01 0.01 0.001  0.02 0.02 0.02 0.03 0.04 0.05 0.03 
 India I - - - - - - - 0.012  0.006  0.003  
  O - - - - - - - - - - 
Indonesia  World  I 8.3 4.9 6.9 9.3 4.9 13.8 19.2 19.1 18.8 22.6 
  O 3.1 2.7 4.7 5.9 2.2 2.7 7.7 5.4 6.6 7.1 
Lao People's Dem. 
Rep. World  I 0.03 0.2 0.3 0.2 0.2 0.3 0.3 0.002  0.002  0.447  
  O -0.01             0.03 0.04 -0.1              0.001  -0.001              0.001  -0.001              -0.04              0.002  
 India I - - - - - - - 0.002  - 0.002  
  O - - - - - - - - - - 
Malaysia  World  I 4.1 6.1 8.6 7.2 1.5 9.1 12.2 9.2 12.1 10.8 
  O 3.1 6.0 11.3 15.0 7.8 13.4 15.2 -17.1 -14.1 -16.4 
 India I - - - - - - - -0.02 -0.03 0.01 
  O - - - - - - - -0.19 -1.10 -1.76 
Myanmar  World  I 0.1 0.7 0.002  0.6 0.027  6.7 1.1 1.4 2.6 0.9 
  O - - - - - - - - - - 
 India I - - - - - - - - 0.007  0.001  
  O - - - - - - - - - - 
Philippines  World  I 1.9 2.9 2.9 1.5 2.0 1.3 1.9 2.0 3.7 6.2 
  O 0.2 0.1 3.5 0.3 0.4 0.6 0.3 1.7 3.6 7.0 
Singapore  World  I 18.1 36.9 47.7 12.2 23.8 55.1 48.0 56.7 64.8 67.5 
  O 11.6 18.6 36.9 6.8 26.2 33.4 24.5 15.1 28.8 40.7 
Thailand  World  I 8.1 9.5 11.4 8.5 4.9 14.75  2.47 12.90  15.94  3.72 
  O 0.5 1.0 3.0 4.1 4.2 -8.13 -7.18 -14.26  -12.12  -4.28 
 India I - - - - - 0.09 0.03 0.05 0.06 -0.08 
  O - - - - - -0.13 -0.06 -0.16 -.025 -0.05 
Viet Nam  World  I 2.0 2.4 7.0 9.6 7.6 8.0 7.5 16.3 22.4 21.9 
  O 0.1 0.1 0.2 0.3 0.7 0.9 1.0 1.5 4.4 1.8 
 India I - - - - - - - 0.020  0.003  0.045  
  O - - - - - - - - 0.001  0.004  
Note:  - no data.  
 I – inward O – outward.  
 Exchange rate used for Malaysia (Malaysian Ringgit per US Dollar): 3.089 (2012), 3.151 (2013) and 
3.273 (2014).  
Source:  Authorities of Brunei Darussalam (world inflow 2012 -2014), Cambodia (world and bilateral inflow 
2012-2014), Indonesia (2012 -2014) Lao PDR  (world and bilateral inflows 2012 -2014), Malaysia (2012 -2014), 
Myanmar (world and bilateral inflows 2012 -2014), Thailand (2010 -2014), Viet Nam (2012 -2014) and UNCTAD.  
1.10.   In relation to India, Chart 1.12 illustrates the consistent deficit ran by India in conn ection 
with its FDI stock, with both inward and outward FDI stocks  increas ing steadily  during the period. 
India's inward FDI flow s fluctuated considerably after peaking in 2008 and declining generally until 
2013; outward FDI flows also declined between 200 8 and 2013 before picking up in 2014.   WT/REG 372/1 
 
- 14 - 
 
Chart 1.12  India: FDI stock and flow with world, 2005 -2014  
050100150200250300
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014India FDI stock with world
2005 -2014
(US$ Billion ) 
Inward
Outward
05101520253035404550
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014India FDI flow with world
2005 -2014
(US$ Billion) 
Inward
Outward
 
Source:  UNCTAD.  
2  CHARACTERISTIC ELEME NTS OF THE AGREEMENT  
2.1  Background Information  
2.1.  The Agreement was signed by India and the ASEAN member states (hereafter "th e Parties") 
on 13 November 2014 and entered into force on 1 July 2015. It was notified to the WTO by the 
Parties on 20 August 2015 under GATS Article V:7(a) (S/C/N/822).  
2.2.  The Agreement was negotiated under  the Framework Agreement on Comprehensive 
Economic Cooperation between the Republic of India and the ASEAN and the Protocol to amend 
the Framework Agreement, signed in 2009. It should  also be seen in connection with the  
Agreement on Trade in Goods that entered into force on 1 July 2003 ; the ASEAN -India Agr eement 
on dispute settlement mechanism ( hereafter the " DSM agreement "), which was signed in 2009;  
and the Agreement on investment that was signed on 12 November 2014 . The text of the 
Agreement is available, together with its Annex, on the following officia l websites:  
India:   
http://www.commerce.nic.in/DOC/writereaddata/UploadedFile/MOC_636040205325835433_Servic
esAgreement.pdf  
 
ASEAN:  
http://asean.org/?static_post=asean -india-free-trade -area-3 
 
2.2  Structure of the Agreement  
2.3.  The Agreement is composed of four Parts and 34 Articles. It also contains an Annex on 
movement of natural persons . Each Party's Schedules of specific commitments are attached to and 
form an integral part of the Agreement.  Moreover, the GATS Annexes (on the movement of natural 
persons supplying services, air transport services, financial services, and t elecommunications) 
shall apply to the Agreement, mutatis mutandis  (Article 28).  
2.4.  Part I of the Agreement provides  the scope of its disciplines and definitions. Part II contains 
the main obligations and disciplines while Part III addresses the Parties' speci fic commitments 
covering market access and national treatment, as well as additional commitments. It refers to the 
Parties' individual Schedules of specific commitments and addresses the application and extension 
of commitments as well as the procedure app licable to the modification of Schedules. Part IV 
contains other and final provisions covering areas such as the relation ship between the Agreement 
and other agreements; the incorporation of annexes and possible future legal instruments; 
comitology (contac t points and Joint Committee on Services); the review of the implementation WT/REG 372/1 
 
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and operation of the Agreement; amendments to the Agreement; dispute settlement; denial of 
benefits; the entry into force of the Agreement; and withdrawal from it or its terminatio n. 
2.5.  The Parties may adopt legal instruments in the future pursuant to the provisions of the 
Agreement. Such instruments shall form an integral part of the Agreement (Article 24).  
3  PROVISIONS ON TRADE  IN SERVICES  
3.1  Scope  and Definitions  
3.1.  The Agreement applies to  measures5 of a Party affecting trade in services. Trade in services 
is defined as the supply of a service through the four modes of supply6 defined by the GATS .7  
3.2.  The Agreement does not apply to: i) services supplied in the exercise of governmental 
author ity; ii) laws, regulations or requirements on government procurement of services in the 
exercise of non -commercial resale and use; and iii) cabotage in maritime transport services 
(Paragraph 2 of Article 1).  
3.3.  The newer ASEAN Member S tates, Cambodia (which j oined in 1999), Lao PDR (1997), 
Myanmar (1997) and Viet Nam (1995) enjoy special and differential treatment and flexibility under 
the Agreement (preamble of the Agreement). The increasing participation of these Parties shall be 
facilitated through negotiat ed specific commitments taking into account, inter alia , their need to 
improve access to technology, to distribution channels and information networks, and the 
liberalization of market access in sectors and modes of supply of export interest to them. 
Appro priate flexibility shall also be accorded to these Parties for progressive liberalization in terms 
of specific commitments undertaken in line with their respective stage of development (Article 16).   
3.2  Denial of Benefits  
3.4.  Article 31 on the denial of benefits is based on Article XXVII of the GATS  and allows a Party 
to deny the benefits of the Agreement, inter alia , for the supply of a service, if it establishes that 
the service is supplied from or in the territory of a third-party; or if it establishes that a n atural 
person is not a "natural person of another Party"8, or that a juridical person is not a "juridical 
person of another Party".  
3.3  General Provisions on Trade in Services  
3.3.1   Market  access  
3.5.  The market access provision s mirror  the langu age of Art icle XVI of the  GATS (Article 18 ). The 
Parties' market access commitments refer to their Schedules of specific commitments.  
                                                
5 The Agreement covers measures taken by central, regional, or local governments an d authorities; as 
well as measures taken by non -governmental bodies in the exercise of powers delegated by central, regional or 
local governments or authorities.  
6 It can be noted that the Agreement on Investment Under the Framework Agreement on 
Comprehens ive Economic Cooperation between India and the ASEAN Nations, signed on 12 November 2014, 
does not apply to measures adopted or maintained by a Party to the extent that they are covered by the 
[India -ASEAN Trade in Services] Agreement.  
7 In relation to mod e 3, under the Agreement, "commercial presence" means any type of business or 
professional establishment, including through: i) the constitution, acquisition or maintenance of a juridical 
person; or ii) the creation or maintenance of a branch or a represen tative office, within the territory of a Party 
for the purpose of supplying a service . 
8 As indicated under letter (h) of Article 2, t he definition of 'natural persons of another Party' is not 
harmonized among all 11 Parties. Seven Parties (India, Cambodia , Indonesia, Lao PDR, Myanmar, Thailand and 
Viet Nam) recognize natural persons of another Party who reside in the territory of that other Party or 
elsewhere and who under the law of that other Party are nationals of that other Party; however, they do not 
recognize permanent residents in their territories as natural persons. If any of the seven Parties enacts a 
domestic law on the treatment of permanent residents of another Party or non -Party, negotiations shall be 
conducted to determine whether to include permanent residents as 'natural persons' under the Agreement in 
respect of that Party (footnote 1 of the Agreement). The other four Parties, Brunei  Darussalam, Malaysia, the 
Philippines, and Singapore recognize both permanent residents and nationals of ano ther Party as natural 
persons.  WT/REG 372/1 
 
- 16 - 
 
3.3.2   National and MFN treatment  
3.6.  The national treatment  provision s mirror  the language of Article XVI I of the GATS 
(Article  17). The Parties' national tr eatment commitments refer to their Schedules of specific 
commitments.  
3.7.  The Agreement does not contain provisions on MFN treatment.  
3.3.3   Commercial presence  
3.8.  No specific provision on commercial presence, per se , is stated by the Agreement. The 
limitations on comme rcial presence in the services sectors in the Parties' schedules of 
commitments are summarized in section 3.4 below . 
3.9.  The Agreement on Investment of the Framework Agreement on Comprehensive Economic 
Cooperation between the Parties9 contains a provision affe cting the supply of a service by a Party's 
service supplier through commercial presence in the territory of another Party. The Agreement on 
Investment shall not apply to measures adopted or maintained by a Party to the extent that they 
are covered by the A greement (Paragraph 4(a) of Article 1 of the Agreement on Investment).10 
3.3.4   Performance  requirements  
3.10.   No specific provision on performance requirements, per se , is stated by the Agreement. The 
limitations related to performance requirements in the subscribed se rvices sectors in the Parties' 
schedules of commitments are summarized in section 3.4 below . 
3.11.   Parties' additional commitments, including those regarding qualifications, standards or 
licensing mattes are included in their  Schedules of specific commitments (A rticle 19).  
3.3.5   Senior Managers and Boards of Directors  
3.12.   No specific provision on senior managers and boards of directors, per se , is stated by the 
Agreement. The limitations that may be applicable to senior managers and boards of directors in 
the services sect ors in the Parties' schedules of commitments are summarized in section 3.4 
below . 
3.3.6   Movement of natural persons  
3.13.   There is no specific provision on the movement of natural persons in the Agreement. 
However, where commitments are undertaken by a Party on the mo vement of natural persons, the 
categories of natural persons for whom commitments are undertaken are defined in the Annex on 
Movement of Natural Persons , where applicable . This Annex identifies  and provides definitions for  
three  categories of natural perso ns: (i) business visitor; (i i) contractual service supplier; and (iii) 
intra-corporate transferee.  
3.14.   The GATS Annex on Movement of Natural Persons Supplying Services shall, mutatis 
mutandis , apply to the Agreement ( Paragraph 1 of Article 28). 
 
 
 
                                                
9 For the purpose of liberalization and subject to reservations, the Agreement on Investment shall apply 
to a limited number of sectors (manufacturing; agriculture; fishery; forestry; and mining and quarrying).  
10 Notwithstand ing the non -application of the Agreement on Investment to measures adopted or 
maintained by a Party to the extent that they are covered by the Agreement (on services) and regardless of 
whether a service sector is scheduled (in the Agreement on services), s everal Articles of the Agreement on 
Investment (Articles 7 on treatment of investment; 8  on expropriation, 9  on compensation for losses, 10 on 
subrogation, 11 on transfers, and 20 on investment disputes between a Party and an investor) shall apply, 
mutatis  mutandis , to any measure affecting the supply of the service by a service supplier of a Party through 
commercial presence in the territory of another Party pursuant to the Agreement (on services), but only to the 
extent that they relate to an investment a nd an obligation under the Agreement on Investment.   WT/REG 372/1 
 
- 17 - 
  
3.4  Liberalizati on Commitments  
3.15.    Part III of the Agreement contains disciplines related to the specific commitments made by 
each Party  in their individual Schedules. A GATS -like "positive listing" approach is used for their  
commitments in market access, national treatment,  and additional commitments. Modification and 
withdrawal of commitments are governed by Article 22. Notification of changes followed by 
negotiations with the affected Party and the necessity to agree on compensatory adjustment are 
disciplined. If the Parti es are unable to reach an agreement on compensatory adjustment, the 
matter shall be resolved under the DSM Agreement. In such cases, the modifying Party may not 
modify or withdraw its commitment until it has made compensatory adjustments in conformity 
with the findings of the arbitration .11 
3.16.   The Parties' Schedules of specific commitments identify the services sectors and sub -sectors 
for which commitments are made, and specif y, by mode of supply, the conditions and limitations 
that may be applicable to market access and national treatment -related commitments. It lists as 
well additional commitments that the Parties may wish to register (Article 19).  
3.17.   The sections below compare each Party's GATS schedule with its  respective Schedules of 
specific commitments attac hed to the Agreement . After recalling GATS MFN exemptions and 
identifying horizontal limitations in the GATS and in the Agreement, Tables 3.1 to 3.12  summarize 
specific commitments under the Agreement, by main sectors and sub -sectors and compare them 
with GATS commitments. Improvements over existing GATS commitments are a reduction in 
limitations to market access and/or national treatment, a relaxation of the form of establishment 
under mode 3, and/or additional commitments  and increased coverage . However, horizontal 
limitations in the GATS Schedule of Specific Commitments and reservations covering all sectors 
are not included. Moreover, mode 4 commitments and limitations are, to a large extent, excluded. 
The following sections are to be read in conjunction with the Parties' schedules of commitments 
under the Agreement.  
3.4.1   India  
3.18.   India has a single Schedule that is applied to Brunei Darussalam, Cambodia, Lao PDR, 
Malaysia, Myanmar, Singapore, Thailand and Viet Nam, and two separate individual Schedules that 
are applicable to Indonesia and to the Philippines (Article 22).  
3.4.1.1   Horizontal commitments  
3.19.   India's horizontal commitments in the Agreement , almost identical for all its ASEAN 
partners12, partly match those under the GATS. Additional national treatment limitation s are 
registered for  some types of transfer of equity; on the repatriation of sale proceeds of immovable 
property; on certain aspects of taxation laws; and on the acquisition of land. Subsidies are 
unbound. Under mode 4, the horizontal commitments in the GATS  serve as a basis for those in the 
Agreement, with some  specific commitments made in particular for the provision of computer and 
related services.   
3.4.1.2   Sector -specific commitments  
3.20.   Under the Agreement, India's  services schedule builds on its commitments under the GATS. 
It both  expands the coverage of  its specific commitments and  improves market access and/or 
national treatment by withdrawing some limitations (for the latter in particular in relation to 
modes  1 and 2 ).  
3.21.   With respect to sectors for which it has commitments under the GATS, India makes 
improvements, under the Agreement, in relation to professional services (though not with respect 
                                                
11 If the modifying Party implements its proposed modification or withdrawal and does not comply with 
the findings of the arbitration, any Party that participated in the arbitration may modify or withdraw  
substantially equivalent benefits in conformity with those findings. Such a modification or withdrawal may be 
implemented solely with respect to the modifying Party.  
12 The additional horizontal commitments related to contractual service suppliers and to i ndependent 
professionals, both applicable to computer and related services, are not made by India with respect to the 
Philippines.  WT/REG 372/1 
 
- 18 - 
 
to the Philippines); computer and related services, and some other business services (though no 
improvement is made with  respect to Indonesia and the Philippines). Improvements are also made 
in some telecommunication services and, marginally, some audiovisual services (motion picture or 
video tape distribution services);  general construction work for civil engineering; some  health 
services – in particular hospital services (though this is not applicable with respect to the 
Philippines); hotel and restaurant services and travel agencies and tour operators services 
(improvements for the latter two tourism subsectors not benefi tting the Philippines); and some 
maritime transport services (with a number of limitations and not in favour of the Philippines).  
3.22.   As under the GATS, no commitment is made, under the Agreement, in distributio n services; 
education services; environmental ser vices; and  recreational and cultural and sporting services. 
India's  partial GATS commitments in financial services are re peated , without improvement, in the 
Agreement.  
3.23.   The following Table summarizes India's  commitments under the GATS and the Agreement  
with regards to: a) Brunei Darussalam, Cambodia, Lao PDR, Malaysia, Myanmar, Singapore, 
Thailand, and Viet Nam; b) Indonesia; and c) the Philippines, respectively . It should also be read 
in conjunction with the Party's Schedule s of specific commitments  with re gards to these countries .  
Table 3.1 India: comparison between the GATS and Agreement specific commitments in 
trade in services (excluding mode 4)  
  with respect to 
Brunei 
Darussalam, 
Cambodia, 
Lao PDR, 
Malays ia, 
Myanmar, 
Singapore, 
Thailand, and 
Viet Nam with respect to 
Indonesia  with respect to 
the Philippines  
Sectors  GATS  As 
compared 
to GATS  FTA As 
compared 
to GATS  FTA As 
compared 
to GATS  FTA 
1. Business services         
A. Professional  Services  Partial  Improved  Partial  Improved  Partial  Similar  Partial  
B. Computer  and Related  Services  Partial  Improved  Partial  Improved  Partial  Improved  Partial  
C. Research  and Development  Services  Partial  Similar  Partial  Similar  Partial  Similar  Partial  
D. Real  Estate  Services  --- Similar  --- Similar  --- Similar  --- 
E. Rental/Leasing  Services  without  Operators  --- Similar  --- Similar  --- Similar  --- 
F. Other  Business  Services  Partial  Improved  Partial  Similar  Partial  Similar  Partial  
2. Communication services         
A. Postal  services  --- Similar  --- Similar  --- Similar  --- 
B. Courier  services  --- Similar  --- Similar  --- Similar  --- 
C. Telecommunication  services  Partial  Improved  Partial  Improved  Partial  Improved  Partial  
D. Audiovisual  services  Partial  Improved  Partial Improved  Partial  Improved  Partial  
3. Construction and related engineering 
services         
A. General  construction  work for buildings  --- Similar  --- Similar  --- Similar  --- 
B. 
General  construction  work for civil Engineering  Partial  Improved  Partial  Improved  Partial  Improved  Partial  
C. Installation  and assembly  work  --- Similar  --- Similar  --- Similar  --- 
D. Building  completion  and finishing  work  --- Similar  --- Similar  --- Similar  --- 
E. Other  --- Similar  --- Similar  --- Similar  --- 
4. Distrib ution services         
A. Commission  agents'  services  --- Similar  --- Similar  --- Similar  --- 
B. Wholesale  trade services  --- Similar  --- Similar  --- Similar  --- 
C. Retailing  services  --- Similar  --- Similar  --- Similar  --- 
D. Franchising  --- Similar  --- Similar  --- Similar  --- 
5. Education services         
A. Primary education services  --- Similar  --- Similar  --- Similar  --- 
B. Secondary education services  --- Similar  --- Similar  --- Similar  --- 
C. Higher education services  --- Similar  --- Similar  --- Similar  --- 
D. Adult education  --- Similar  --- Similar  --- Similar  --- 
E. Other education services  --- Similar  --- Similar  --- Similar  --- WT/REG 372/1 
 
- 19 - 
  
  with respect to 
Brunei 
Darussalam, 
Cambodia, 
Lao PDR, 
Malays ia, 
Myanmar, 
Singapore, 
Thailand, and 
Viet Nam with respect to 
Indonesia  with respect to 
the Philippines  
Sectors  GATS  As 
compared 
to GATS  FTA As 
compared 
to GATS  FTA As 
compared 
to GATS  FTA 
6. Environmental services         
A. Sewage services  --- Similar  --- Similar  --- Similar  --- 
B. Refuse dispo sal services  --- Similar  --- Similar  --- Similar  --- 
C. Sanitation and similar services  --- Similar  --- Similar  --- Similar  --- 
D. Other  --- Similar  --- Similar  --- Similar  --- 
7. Financial services         
A. All insurance  and insurance -
related  servic es  Partial  Similar  Partial  Similar  Partial  Similar  Partial  
B. Banking  and other financial  services  Partial  Similar  Partial  Similar  Partial  Similar  Partial  
8. Health related and social services         
A. Hospital services  Partial  Improved  Partial  Improv ed Partial  Similar  Partial  
B. Other Human Health Services  --- Similar  --- Similar  --- Similar  --- 
C. Social Services  --- Similar  --- Similar  --- Similar  --- 
D. Other  --- Similar  --- Similar  --- Similar  --- 
9. Tourism and travel related services         
A. Hotels  and restaurants (including catering)  Partial  Improved  Partial  Improved  Partial  Similar  Partial  
B. Travel  agencies  and tour operators  services  Partial  Improved  Partial  Improved  Partial  Similar  Partial  
C. Tourist  guides  services  --- Similar  --- Similar  --- Similar  --- 
10. Recreational and cultural and 
sporting services         
A. Entertainment  services  --- Similar  --- Similar  --- Similar  --- 
B. News agency services  --- Similar  --- Similar  --- Similar  --- 
C. Libraries, archives, museums and ot her 
cultural services  --- Similar  --- Similar  --- Similar  --- 
D. Sporting and other recreational services  --- Similar  --- Similar  --- Similar  --- 
11. Transport services         
A. Maritime Transport Services  --- Improved  Partial  Improved  Partial  Simila r --- 
B. Internal Waterways Transport  --- Similar  --- Similar  --- Similar  --- 
C. Air  Transport  Services  --- Similar  --- Similar  --- Similar  --- 
D. Space  Transport  --- Similar  --- Similar  --- Similar  --- 
E. Rail  Transport  Services  --- Similar  --- Similar --- Similar  --- 
F. Road  Transport  Services  --- Similar  --- Similar  --- Similar  --- 
G. Pipeline  Transport  --- Similar  --- Similar  --- Similar  --- 
H. Services  auxiliary  to all modes  of transport  --- Similar  --- Similar  --- Similar  --- 
I. Other  Trans port Services  --- Similar  --- Similar  --- Similar  --- 
General Note:  MFN and Horizontal limitations, as well as Mode 4 commitments/limitations not considered.  
Partial:  Specific commitments subject to some limitation(s) under market access or national tre atment, 
under any of the three modes.  
---: No specific commitment.  
Improved: Overall improved commitments made under the Agreement (as compared to GATS).  
Similar:  Similar commitments (as compared to GATS); though possibly, in individual cases, with limited  
improvements and/or limited additional reservations.  
Source:  Draft Consolidated GATS Schedule of Specific Commitments (S/DCS/W/ IND), prepared by the 
Secretariat (in 2003) and India's Schedule s annexed to the Agreement.  
 
3.4.2   ASEAN Member S tates  
3.24.   The specific c ommitments of the ASEAN Member States are contained in separate individual 
Schedules. While some ASEAN Member States Schedules are similar to  their GATS specific  
commitments, other s have made commitments higher than  their GATS commitments  in terms of 
cover age and depth . It is understood that, in the latter case, the ir GATS  commitments continue to 
apply to the other Parties, even if not specifically included  in the Schedules in the A greement.  WT/REG 372/1 
 
- 20 - 
 
3.4.2.1   Brunei Darussalam  
3.4.2.1.1   Horizontal commitments  
3.25.   As under the GATS, Brune i's horizontal commitments under the Agreement apply to modes 
3 and 4. Mode 3 is unbound under market access for measures concerning foreign equity. As 
regards national treatment, half of the board members of a public company and half the directors 
of a pr ivate company must be nationals or residents of Brunei, and all companies incorporated 
outside but which establish a place of business in Brunei must have one or more locally resident 
agents. Mode  4 commitments cover the entry and temporary presence of int ra-corporate 
transferees at the level of managers, executives and specialists.  
3.4.2.1.2   Sector -specific commitments  
3.26.   Under the Agreement, Brunei Darussalam's services schedule builds on its commitments 
under the GATS. Improvements are made in particular through the improvement of coverage, 
though, in most cases, with limitations.  
3.27.   With respect to sectors for which there are GATS commitments, Brunei Darussalam, under 
the Agreement, registers improvements in business services (new coverage of architectural 
services), c ommunication services (new coverage of telex and telegraph services) and some air 
transport services (new coverage of computer reservation system services and selling and 
marketing of air transport services).  
3.28.   In a number of other sectors, partial specific  commitments are made in sectors and/or sub -
sectors for which Brunei has no GATS commitments. This is in particular the case  for education 
services (adult education); financial services (banking); health related and social services (hospital 
services); tou rism and travel related services (hotel and restaurant); and some transport services 
(maritime transport services).  
3.29.   The following Table summarizes Brunei Darussalam's commitments under the GATS and 
under the Agreement. It should also be read in conjunctio n with its Schedule of specific 
commitments .  
Table 3.2 Brunei Darussalam: comparison between the GATS and the Agreement specific 
commitments in trade in services (excluding mode 4)  
Sectors  GATS  As compared to  GATS  FTA 
1. Business services     
A. Professional  Services  Partial  Improved  Partial  
B. Computer  and Related  Services  Partial  Similar  Partial  
C. Research  and Development  Services  --- Similar  --- 
D. Real  Estate  Services  --- Similar  --- 
E. Rental/Lea sing Services  without  Operators  Partial  Similar  Partial  
F. Other  Business  Services  --- Similar  --- 
2. Communication services     
A. Postal  services  --- Similar  --- 
B. Courier  services  --- Similar  --- 
C. Telecommunication  services  Partial  Improved  Partial 
D. Audiovisual  services  --- Similar  --- 
3. Construction and related engineering services     
A. General  construction  work for buildings  --- Similar  --- 
B. General  construction  work for civil Engineering  --- Similar  --- 
C. Installation  and assemb ly work  --- Similar  --- 
D. Building  completion  and finishing  work  --- Similar  --- 
E. Other  --- Similar  --- 
4. Distribution services     
A. Commission  agents'  services  --- Similar  --- 
B. Wholesale  trade services  --- Similar  --- 
C. Retailing  services  --- Similar  --- 
D. Franchising  --- Similar  --- 
5. Education services     
A. Primary education services  --- Similar  --- 
B. Secondary education services  --- Similar  --- 
C. Higher education services  --- Similar  --- WT/REG 372/1 
 
- 21 - 
  
Sectors  GATS  As compared to  GATS  FTA 
D. Adult education  --- New Partial  
E. Other education services  --- Similar  --- 
6. Environmental services     
A. Sewage services  --- Similar  --- 
B. Refuse disposal services  --- Similar  --- 
C. Sanitation and similar services  --- Similar  --- 
D. Other  --- Similar  --- 
7. Financial services     
A. All insurance  and insurance -related  services  Partial  Similar  Partial  
B. Banking  and other financial  services  --- New Partial  
8. Health related and social services     
A. Hospital services  --- New Partial  
B. Other Human Health Services  --- Similar --- 
C. Social Services  --- Similar  --- 
D. Other  --- Similar  --- 
9. Tourism and travel related services     
A. Hotels  and restaurants (including catering)  --- New Partial  
B. Travel  agencies  and tour operators  services  --- Similar  --- 
C. Tourist  guides services  --- Similar  --- 
10. Recreational and cultural and sporting services     
A. Entertainment  services  --- Similar  --- 
B. News agency services  --- Similar  --- 
C. Libraries, archives, museums and other cultural services  --- Similar  --- 
D. Sporti ng and other recreational services  --- Similar  --- 
11. Transport services     
A. Maritime Transport Services  --- New Partial  
B. Internal Waterways Transport  --- Similar  --- 
C. Air  Transport  Services  Partial  Improved  Partial  
D. Space  Transport  --- Similar --- 
E. Rail  Transport  Services  --- Similar  --- 
F. Road  Transport  Services  --- Similar  --- 
G. Pipeline  Transport  --- Similar  --- 
H. Services  auxiliary  to all modes  of transport  --- Similar  --- 
I. Other  Transport  Services  --- Similar  --- 
Gener al Note:   MFN and Horizontal limitations, as well as Mode 4 commitments/limitations not considered.  
Partial:  Specific commitments subject to some limitation(s) under market access or national treatment, 
under any of the three modes.  
---: No specific commi tment.  
New: New commitments under the Agreement (as compared to GATS); full or partial, with or without 
limitations, which can, in most but not all cases, be seen as "improved".  
Improved: Overall improved commitments made under the Agreement (as compared t o GATS).  
Similar:  Similar commitments (as compared to GATS); though possibly, in individual cases, with limited 
improvements and/or limited additional reservations.  
Source:  Draft Consolidated GATS Schedule of Specific Commitments (S/DCS/W/ BRN), prepared by  the 
Secretariat (in 2003) and  Brunei Darussalam's Schedule  annexed to the Agreement.  
 
3.4.2.2   Cambodia  
3.4.2.2.1   Horizontal commitments  
3.30.   Cambodia's services schedule under the Agreement is identical to that under the GATS. The 
horizontal section of the schedule contains mod e 4 commitments for intra -corporate transferees 
(executives, managers, and specialists), business visitors, and persons responsible for setting up a 
commercial presence.  
3.4.2.2.2   Sector -specific commitments  
3.31.   Cambodia's schedule under the Agreement reproduces its GA TS schedule in its entirety  for 
each sector and subsector for which Cambodia ha s partial commitment in the GATS, as 
summarized  in Table 3.3 . The Table  should also be read in conjunction with its Schedule of specific 
commitments.  WT/REG 372/1 
 
- 22 - 
 
Table 3.3 Cambodia: comparison between the GATS and the Agreement specific 
commitments in trade in services (excluding mode 4)  
Sectors  GATS  As compared to 
GATS  FTA 
1. Business services     
A. Professional  Services  Partial  Same  Partial  
B. Computer  and Related  Services  Partial  Same  Partial  
C. Research  and Development  Services  --- Same  --- 
D. Real  Estate  Services  --- Same  --- 
E. Rental/Leasing  Services  without  Operators  Partial  Same  Partial  
F. Other  Business  Services  Partial  Same  Partial  
2. Communication services     
A. Postal  services  --- Same  --- 
B. Courier  services  Partial  Same  Partial  
C. Telecommunication  services  Partial  Same  Partial  
D. Audiovisual  services  --- Same  --- 
3. Construction and related engineering 
services     
A. General  construction  work for buildings  Partial  Same  Partial  
B. General  construction  work for civil Engineering  Partial  Same  Partial  
C. Installation  and assembly  work  Partial  Same  Partial  
D. Building  completion  and finishing  work  Partial  Same  Partial  
E. Other  Partial  Same  Partial  
4. Distribution services     
A. Commission  agents'  services  Partial  Same  Partial  
B. Wholesale  trade services  Partial  Same  Partial  
C. Retailing  services  Partial  Same  Partial  
D. Franchising  Partial  Same  Partial  
5. Education services     
A. Primary education services  --- Same  --- 
B. Secondary education services  --- Same  --- 
C. Higher education services  --- Same  --- 
D. Adult education  --- Same  --- 
E. Other education services  --- Same  --- 
6. Environmental servi ces    
A. Sewage services  --- Same  --- 
B. Refuse disposal services  --- Same  --- 
C. Sanitation and similar services  --- Same  --- 
D. Other  --- Same  --- 
7. Financial services     
A. All insurance  and insurance -related  services  Partial  Same  Partial  
B. Banking  and other financial  services  Partial  Same  Partial  
8. Health related and social services     
A. Hospital services  Partial  Same  Partial  
B. Other Human Health Services  --- Same  --- 
C. Social Services  --- Same  --- 
D. Other  --- Same  --- 
9. Tourism and travel related services     
A. Hotels  and restaurants (including catering)  Partial  Same  Partial  
B. Travel  agencies  and tour operators  services  Partial  Same  Partial  
C. Tourist  guides  services  Partial  Same  Partial  
10. Recreational and cultural and sp orting 
services     
A. Entertainment  services  Partial  Same  Partial  
B. News agency services  --- Same  --- 
C. Libraries, archives, museums and other 
cultural services  --- Same  --- 
D. Sporting and other recreational services  --- Same  --- 
11. Transport ser vices     
A. Maritime Transport Services  Partial  Same  Partial  
B. Internal Waterways Transport  --- Same  --- 
C. Air  Transport  Services  Partial  Same  Partial  
D. Space  Transport  --- Same  --- 
E. Rail  Transport  Services  --- Same  --- 
F. Road  Transport  Services Partial  Same  Partial  
G. Pipeline  Transport  Partial  Same  Partial  WT/REG 372/1 
 
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Sectors  GATS  As compared to 
GATS  FTA 
H. Services  auxiliary  to all modes  of transport  --- Same  --- 
I. Other  Transport  Services  --- Same  --- 
General Note:  MFN and Horizontal limitations, as well as Mode 4 commitments/lim itations not considered.  
Partial:  Specific commitments subject to some limitation(s) under market access or national treatment, 
under any of the three modes.  
---: No specific commitment.  
Same : Same commitments as under  GATS ). 
Source:  Cambodia's Schedule o f specific commitments under the GATS (document GATS/SC/140 of 25 
October 2005), and Cambodia's  Sched ule annexed to the Agreement.  
 
3.4.2.3   Indonesia  
3.4.2.3.1   Horizontal commitments  
3.32.   Indonesia's schedule under the Agreement contains horizontal restrictions on commercial 
presence in relation to the type of legal entity (joint venture)  and with respect to eligibility for 
subsidies (reserved for nationals) , while all measures related to taxation are unbound with respect 
to modes 1 and 2. Limitations relating to modes 3 and 4 r efer, inter alia , to qualification 
requirements, use of certain technology, requirements related to education and expertise. 
Horizontal commitments under mode 4 also cover directors,  managers and technical experts 
(intra -corporate transfer) . Horizontal com mitments under the Agreement differ from those 
contained in Indonesia's GATS Schedule.  
3.4.2.3.2   Sector -specific commitments  
3.33.   Under the Agreement, Indonesia builds on its commitments under the GATS. Improvements 
are made through t he improvement of the coverage of, in  particular, modes 1 and 2 for a number 
of business services  (some professional services, computer and related services, and other 
business services). New sub -sectors, under other business services that were unbound under the 
GATS, are also covered under t he Agreement. The provision of some telecommunication services, 
through modes 1 and 2, unbound under the GATS, are covered under the Agreement, while partial 
commitments are made for additional subsectors under the Agreement (foundation work and gas 
fitting construction work in particular).  
3.34.   Partial  specific commitments are made for sectors and/or sub -sectors for which it has no 
GATS commitments. This is especially  the case in education services ( secondary education services 
and adult education); and some tr ansport services ( improvement of the coverage of maritime 
transport services , that were already partly covered under the GATS, and new commitments on 
maritime auxiliary services and maritime cargo handling services). Some services at ports are also 
made av ailable to international maritime transport supplier under  certain conditions .  
3.35.   Table 3.4 summarizes Indonesia's  commitments under the GATS and the Agreement. It 
should also be read in conjunction with its Schedule of specific commitments .  
Table 3.4 Indonesia: comparison between the GATS and the Agreement specific 
commitments in trade in services (excluding mode 4)  
Sectors  GATS  As compared to GATS  FTA 
1. Business services     
A. Professional  Services  Partial  Improved  Partial  
B. Computer  and Related  Services  Partial  Improved  Partial  
C. Research  and Development  Services  Partial  Similar  Partial  
D. Real  Estate  Services  --- Similar  --- 
E. Rental/Leasing  Services  without  Operators  --- Similar  --- 
F. Other  Business  Services  Partial  Improved  Partial  
2. Communication services     
A. Postal  services  --- Similar  --- 
B. Courier  services  --- Similar  --- 
C. Telecommunication  services  Partial  Improved  Partial  WT/REG 372/1 
 
- 24 - 
 
Sectors  GATS  As compared to GATS  FTA 
D. Audiovisual  services  --- Similar  Partial  
3. Cons truction and related engineering 
services     
A. General  construction  work for buildings  Partial  Similar  Partial  
B. General  construction  work for civil Engineering  Partial  Similar  Partial  
C. Installation  and assembly  work  Partial  Improved  Partial  
D. Building  completion  and finishing  work  --- Similar  --- 
E. Other  Partial  Improved  Partial  
4. Distribution services     
A. Commission  agents'  services  --- Similar  --- 
B. Wholesale  trade services  --- Similar  --- 
C. Retailing  services  --- Similar  --- 
D. Franchising  --- Similar  --- 
5. Education services     
A. Primary education services  --- Similar  --- 
B. Secondary education services  --- New Partial  
C. Higher education services  --- Similar  --- 
D. Adult education  --- New Partial  
E. Other education ser vices  --- Similar  --- 
6. Environmental services     
A. Sewage services  --- Similar  --- 
B. Refuse disposal services  --- Similar  --- 
C. Sanitation and similar services  --- Similar  --- 
D. Other  --- Similar  --- 
7. Financial services     
A. All insurance  and insurance -related  services  Partial  Similar  --- 
B. Banking  and other financial  services  Partial  Similar  --- 
8. Health related and social services     
A. Hospital services  --- Similar  --- 
B. Other Human Health Services  --- Similar  --- 
C. Social Ser vices --- Similar  --- 
D. Other  --- Similar  --- 
9. Tourism and travel related services     
A. Hotels  and restaurants (including catering)  Partial  Similar  Partial  
B. Travel  agencies  and tour operators  services  Partial  Similar  Partial  
C. Tourist  guides  services  --- Similar  --- 
10. Recreational and cultural and sporting 
services     
A. Entertainment  services  --- Similar  --- 
B. News agency services  --- Similar  --- 
C. Libraries, archives, museums and other cultural 
services  --- Similar  --- 
D. Sporting an d other recreational services  --- Similar  --- 
11. Transport services     
A. Maritime Transport Services  Partial  Improved  Partial  
B. Internal Waterways Transport  --- Similar  --- 
C. Air  Transport  Services  --- Similar  --- 
D. Space  Transport  --- Similar  --- 
E. Rail  Transport  Services  --- Similar  --- 
F. Road  Transport  Services  --- Similar  --- 
G. Pipeline  Transport  --- Similar  --- 
H. Services  auxiliary  to all modes  of transport  --- New Partial  
I. Other  Transport  Services  --- Similar  --- 
General Note:  MFN and Horizontal limitations, as well as Mode 4 commitments/limitations not considered.  
Partial:  Specific commitments subject to some limitation(s) under market access or national treatment, 
under any of the three modes.  
---: No specific commitment . 
New: New commitments under the Agreement (as compared to GATS); full or partial, with or without 
limitations, which can, in most but not all cases, be seen as "improved".  
Improved: Overall improved commitments made under the Agreement (as compared to GAT S). 
Similar:  Similar commitments (as compared to GATS); though possibly, in individual cases, with limited 
improvements and/or limited additional reservations.  
Source:  Draft Consolidated GATS Schedule  of Specific Commitments (S/DCS/W/ IDN), prepared by the 
Secretariat (in 2003) and Indonesia's  Sched ule annexed to the Agreement.  
 WT/REG 372/1 
 
- 25 - 
  
3.4.2.4   Lao PDR  
3.4.2.4.1   Horizontal commitments  
3.36.   Under the GATS, Lao PDR's Schedule contains horizontal commitment and/or limitations 
essentially in relation to land ownership, subsidies and investme nt incentives, commercial 
presence and movement of natural persons providing services. Under the Agreement, some of 
these commitments/limitations are reiterated (particularly on land ownership, though with some 
differences; and on tax treatment under comme rcial presence) . Mode 4 commitments are drafted 
differently under the GATS and in  the Agreement, although they have  similar coverage.  
3.4.2.4.2   Sector -specific commitments  
3.37.   As compared to its commitments under the GATS, Lao PDR's improvements under the 
Agreement are essentially in relation to the provision of most education services (except primary 
education services) through mode 1. While for most other sectors / subsectors its commitments 
under the Agreement are similar to the corresponding one under the GATS, no co mmitments are 
made in the Agreement for some subsectors in which it has  partial commitments in the GATS. This 
is in particular the case for some business services (professional services, research and 
development services, and other business services); some  communication services (courier 
services); most distribution services (except commission agents' services, already unbound under 
the GATS); primary education services; insurance and insurance -related services; hospital 
services; and air transport services . 
3.38.   Table  3.5 summarizes Lao PDR's  commitments under the GATS and under the Agreement. 
It should also be read in conjunction with its Schedule of specific commitments .  
Table 3.5 Lao PDR: comparison between the GATS and the Agreement specific 
commitments in trade in services (excluding mode 4)  
Sectors  GATS  As compared to GATS  FTA 
1. Business services     
A. Professional  Services  Partial  Low Partial  
B. Computer  and Related  Services  Partial  Similar  Partial  
C. Research  and Development  Services  Partial  Low --- 
D. Real  Estate  Services  --- Similar  --- 
E. Rental/Leasing  Services  without  Operators  --- Similar  --- 
F. Other  Business  Services  Partial  Low --- 
2. Communication services     
A. Postal  services  --- Similar --- 
B. Courier  services  Partial  Low --- 
C. Telecommunication  services  Partial  Similar  Partial  
D. Audiovisual  services  --- Similar  --- 
3. Construction and related engineering 
services     
A. General  construction  work for buildings  Partial  Simila r Partial  
B. General  construction  work for civil Engineering  Partial  Similar  Partial  
C. Installation  and assembly  work  Partial  Similar  Partial  
D. Building  completion  and finishing  work  Partial  Similar  Partial  
E. Other  Partial  Similar  Partial  
4. Dist ribution services     
A. Commission  agents'  services  --- Similar  --- 
B. Wholesale  trade services  Partial  Low --- 
C. Retailing  services  Partial  Low --- 
D. Franchising  Partial  Low --- 
5. Education services     
A. Primary education services  Partial  Low Partial 
B. Secondary education services  Partial  Improved  Partial  
C. Higher education services  Partial  Improved  Partial  
D. Adult education  Partial  Improved  Partial  
E. Other education services  Partial  Improved  Partial  
6. Environmental services     
A. Sewage services  Partial  Similar  Partial  
B. Refuse disposal services  Partial  Similar  Partial  
C. Sanitation and similar services  Partial  Similar  Partial  
D. Other  Partial  Similar  Partial  WT/REG 372/1 
 
- 26 - 
 
Sectors  GATS  As compared to GATS  FTA 
7. Financial services     
A. All insurance  and insurance -related  services  Partial  Low --- 
B. Banking  and other financial  services  Partial  Similar  Partial  
8. Health related and social services     
A. Hospital services  Partial  Low --- 
B. Other Human Health Services  --- Similar  --- 
C. Social Services  --- Similar  --- 
D. Other  --- Similar  --- 
9. Tourism and travel related services     
A. Hotels  and restaurants (including catering)  Partial  Similar  Partial  
B. Travel  agencies  and tour operators  services  Partial  Similar  Partial  
C. Tourist  guides  services  --- Similar  --- 
10. Recreational and cultural and sporting 
services     
A. Entertainment  services  --- Similar  --- 
B. News agency services  --- Similar  --- 
C. Libraries, archives, museums and other cultural 
services  --- Similar  --- 
D. Sporting and other recreational servi ces  --- Similar  --- 
11. Transport services     
A. Maritime Transport Services  --- Similar  --- 
B. Internal Waterways Transport  --- Similar  --- 
C. Air  Transport  Services  Partial  Low --- 
D. Space  Transport  --- Similar  --- 
E. Rail  Transport  Services  --- Similar  --- 
F. Road  Transport  Services  --- Similar  --- 
G. Pipeline  Transport  --- Similar  --- 
H. Services  auxiliary  to all modes  of transport  --- Similar  --- 
I. Other  Transport  Services  --- Similar  --- 
General Note:   MFN and Horizontal limitations , as well as Mode 4 commitments/limitations not considered.  
Partial:  Specific commitments subject to some limitation(s) under market access or national treatment, 
under any of the three modes.  
---: No specific commitment.  
Low: Lower coverage (as compared to GATS), including in cases a whole sector or subsector is excluded.  
Improved: Overall improved commitments made under the Agreement (as compared to GATS).  
Similar:  Similar commitments (as compared to GATS); though possibly, in individual cases, with limi ted 
improvements and/or limited additional reservations.  
Source:  Lao's Schedule of specific commitments  under the GATS (document GATS/SC/ 150 of 22 April  2013), 
and Lao's Schedule  annexed to the Agreement.  
 
3.4.2.5   Malaysia  
3.4.2.5.1   Horizontal commitments  
3.39.   As under the GATS , Malaysia's schedule under the Agreement contains horizontal 
restrictions on commercial presence in relation to acquisition, mergers and takeovers (limitations 
on market access); and on land -property and real estate; and incentives/preferences (limitation s 
on national treatment) . Horizontal commitments under mode 4 , identical as under the GATS,  cover 
intra-corporate transferees; and others (including specialists; professionals with academic 
credentials, professional qualifications, experience and/or expert ise; and business visitors) . 
3.4.2.5.2   Sector -specific commitments  
3.40.   Under the Agreement, Malaysia's services schedule builds on its GATS commitments. While 
it exp ands the coverage of its specific commitments and/or improves market access and/or 
national treatment by withdrawing some limitations, it also chose not to reproduce, under the 
Agreement, certain commitments that are under the GATS (indicated as "low" in the following 
Table). Improvements are made in particular through the improvement of coverage, though, in 
most cases, with limitations.  
3.41.   With respect to sectors for which GATS commitments are made, Malaysia makes 
improvements, under the Agreement, in computer and related services, all construction and 
related engineering services sub -sectors; professional serv ices; computer and related services; WT/REG 372/1 
 
- 27 - 
  
telecommunication services; and audiovisual services  (for the latter four Malaysia's  Schedule under 
the Agreement does not reiterate some of  its GATS  commitments) .  
3.42.   Under the Agreement, Malaysia  does not reproduce some of the specific commitments made 
under the GATS. This is in particular the case in rental/leasing services without operators; some 
(other) business services; the whole financial sector; entertainment services; sporting and other 
recreational services; and some maritime transport services.  
3.43.   In a number of other sectors, partial specific commitments are made in sectors and/or sub -
sectors for which Malaysia has no GATS commitments. This is the case in relation to higher 
education services and road transport ser vices.  
3.44.   Table 3.6 summarizes Malaysia's  commitments under the GATS and the Agreement. It 
should also be read in conjunction with its Schedule of specific commitments .  
Table 3.6 Malaysia: comparison between th e GATS and the Agreement specific 
commitments in trade in services (excluding mode 4)  
Sectors  GATS  As compared to GATS  FTA 
1. Business services     
A. Professional  Services  Partial  Low / Improved  Partial  
B. Computer  and Related  Services  Partial  Improved  Partial  
C. Research  and Development  Services  Partial  Low / Improved  Partial  
D. Real  Estate  Services  --- Similar  --- 
E. Rental/Leasing  Services  without  Operators  Partial  Low Partial  
F. Other  Business  Services  Partial  Low Partial  
2. Communication se rvices     
A. Postal  services  --- Similar  --- 
B. Courier  services  --- Similar  --- 
C. Telecommunication  services  Partial  Low / Improved  Partial  
D. Audiovisual  services  Partial  Low / Improved  Partial  
3. Construction and related engineering 
services     
A. General  construction  work for buildings  Partial  Improved  Partial  
B. General  construction  work for civil Engineering  Partial  Improved  Partial  
C. Installation  and assembly  work  Partial  Improved  Partial  
D. Building  completion  and finishing  work  Partial Improved  Partial  
E. Other  Partial  Improved  Partial  
4. Distribution services     
A. Commission  agents'  services  --- Similar  --- 
B. Wholesale  trade services  --- Similar  --- 
C. Retailing  services  --- Similar  --- 
D. Franchising  --- Similar  --- 
5. Edu cation services     
A. Primary education services  --- Similar  --- 
B. Secondary education services  --- Similar  --- 
C. Higher education services  --- New Partial  
D. Adult education  --- Similar  --- 
E. Other education services  --- Similar  --- 
6. Environ mental services     
A. Sewage services  --- Similar  --- 
B. Refuse disposal services  --- Similar  --- 
C. Sanitation and similar services  --- Similar  --- 
D. Other  --- Similar  --- 
7. Financial services     
A. All insurance  and insurance -related  services  Partial Low --- 
B. Banking  and other financial  services  Partial  Low --- 
8. Health related and social services     
A. Hospital services  Partial  Low --- 
B. Other Human Health Services  --- Similar  --- 
C. Social Services  --- Similar  --- 
D. Other  --- Simila r --- 
9. Tourism and travel related services     
A. Hotels  and restaurants (including catering)  Partial  Similar  Partial  
B. Travel  agencies  and tour operators  services  Partial  Similar  Partial  
C. Tourist  guides  services  --- Similar  --- WT/REG 372/1 
 
- 28 - 
 
Sectors  GATS  As compared to GATS  FTA 
10. Recreational and cultural and sporting 
services     
A. Entertainment  services  Partial  Low Partial  
B. News agency services  --- Similar  --- 
C. Libraries, archives, museums and other cultural 
services  --- Similar  --- 
D. Sporting and other recreational services  Partial  Low --- 
11. Transport services     
A. Maritime Transport Services  Partial  Low Partial  
B. Internal Waterways Transport  --- Similar  --- 
C. Air  Transport  Services  --- Similar  --- 
D. Space  Transport  --- Similar  --- 
E. Rail  Transport  Services  --- Simila r --- 
F. Road  Transport  Services  --- New Partial  
G. Pipeline  Transport  --- Similar  --- 
H. Services  auxiliary  to all modes  of transport  --- Similar  --- 
I. Other  Transport  Services  --- Similar  --- 
General Note:   MFN and Horizontal limitations, as wel l as Mode 4 commitments/limitations not considered.  
Partial:  Specific commitments subject to some limitation(s) under market access or national treatment, 
under any of the three modes.  
---: No specific commitment.  
Low: Lower coverage (as compared to GATS) , including in cases a whole sector or subsector is excluded.  
New: New commitments under the Agreement (as compared to GATS); full or partial, with or without 
limitations, which can, in most but not all cases, be seen as "improved".  
Improved: Overall impro ved commitments made under the Agreement (as compared to GATS).  
Similar:  Similar commitments (as compared to GATS); though possibly, in individual cases, with limited 
improvements and/or limited additional reservations.  
Source:  Draft Consolidated GATS Sche dule of Specific Commitments (S/DCS/W/ MYS), prepared by the 
Secretariat (in 2003 ) and Malaysia's Schedule  annexed to the Agreement.  
3.4.2.6   Myanmar  
3.4.2.6.1   Horizontal commitments  
3.45.   The horizontal section in Myanmar's schedule , under the Agreement, makes references to 
limitations on the establishment of commercial presence and temporary presence of persons . 
Under the GATS, Myanmar d oes not have any horizontal commitment s though sector specific 
commitments were limited to three subsectors.  
3.4.2.6.2   Sector -specific commitments  
3.46.   Under t he GATS, Myanmar only made partial commitments in some subsectors under 
tourism and travel related services (hotels, and travel agencies and tour operator services) and 
services auxiliary to all modes of transport However.  Only part of these commitments is  reiterated 
under the Agreement. Moreover, the coverage of specific commitments is considerably expanded 
under the Agreement, as compared to Myanmar's GATS commitments. In particular, partial 
commitments are made for some professional services (accounting,  auditing and bookkeeping 
services and engineering services); computer and related services; some rental and leasing 
services without operators; and some other business services  (including dental services , deliveries 
and related services, nursing services,  physiotherapist and paramedical personnel ). Partial 
commitments, particularly in relation to modes 1 and two, are also made  for communication 
services; some audiovisual services; construction work for civil engineering services; most 
education services th at are regulated by the Ministry of education; hotel and restaurant, in 
particular hotel and other lodging services; entertainment services, in particular cinema theatre 
services and motion picture projection services; and some transport services (certain maritime 
transport services, and some air transport services).  
3.47.   Table 3.7 summarizes Myanmar's  commitments under the GATS and the Agreement. It 
should also be read in conjunction with its Schedule of specific commitments .  WT/REG 372/1 
 
- 29 - 
  
Table 3.7 Myanmar: comparison between the GATS and the Agreement specific 
commitments in trade in services (excluding mode 4)  
Sectors  GATS  As compared to GATS  FTA 
1. Business services     
A. Professional  Services  --- New Partial  
B. Computer  and Related  Services  --- New Partial  
C. Research  and Development  Services  --- Similar  --- 
D. Real  Estate  Services  --- Similar  --- 
E. Rental/Leasing  Services  without  Operators  --- New Partial  
F. Other  Business  Services  --- New Partial  
2. Communicat ion services     
A. Postal  services  --- Similar  --- 
B. Courier  services  --- Similar  --- 
C. Telecommunication  services  --- New Partial  
D. Audiovisual  services  --- New Partial  
3. Construction and related engineering 
services     
A. General  constructio n work for buildings  --- Similar  --- 
B. General  construction  work for civil Engineering  --- New Partial  
C. Installation  and assembly  work  --- Similar  --- 
D. Building  completion  and finishing  work  --- Similar  --- 
E. Other  --- Similar  --- 
4. Distribut ion services     
A. Commission  agents'  services  --- Similar  --- 
B. Wholesale  trade services  --- Similar  --- 
C. Retailing  services  --- Similar  --- 
D. Franchising  --- Similar  --- 
5. Education services     
A. Primary education services  --- New Partial  
B. Secondary education services  --- New Partial  
C. Higher education services  --- New Partial  
D. Adult education  --- New Partial  
E. Other education services  --- New Partial  
6. Environmental services     
A. Sewage services  --- Similar  --- 
B. Refuse dis posal services  --- Similar  --- 
C. Sanitation and similar services  --- Similar  --- 
D. Other  --- Similar  --- 
7. Financial services     
A. All insurance  and insurance -related  services  --- Similar  --- 
B. Banking  and other financial  services  --- Similar  --- 
8. Health related and social services     
A. Hospital services  --- Similar  --- 
B. Other Human Health Services  --- Similar  --- 
C. Social Services  --- Similar  --- 
D. Other  --- Similar  --- 
9. Tourism and travel related services     
A. Hotels  and restaurants (including catering)  Partial  Improved  Partial  
B. Travel  agencies  and tour operators  services  Partial  Low --- 
C. Tourist  guides  services  --- Similar  --- 
10. Recreational and cultural and sporting 
services     
A. Entertainment  services  --- Similar  --- 
B. News agency services  --- Similar  --- 
C. Libraries, archives, museums and other cultural 
services  --- Similar  --- 
D. Sporting and other recreational services  --- New Partial  
11. Transport services     
A. Maritime Transport Services  --- New Partial 
B. Internal Waterways Transport  --- Similar  --- 
C. Air  Transport  Services  --- New Partial  
D. Space  Transport  --- Similar  --- 
E. Rail  Transport  Services  --- Similar  --- 
F. Road  Transport  Services  --- Similar  --- 
G. Pipeline  Transport  --- Simila r --- 
H. Services  auxiliary  to all modes  of transport  Partial  Low --- 
I. Other  Transport  Services  --- Similar  --- 
 WT/REG 372/1 
 
- 30 - 
 
General Note:   MFN and Horizontal limitations, as well as Mode 4 commitments/limitations not considered.  
Partial:  Specific commitments subject to some limitation(s) under market access or national treatment, 
under any of the three modes.  
---: No specific commitment.  
Low: Lower coverage (as compared to GATS), including in cases a whole sector or subsector is excluded.  
New: New commitments under the Agreement (as compared to GATS); full or partial, with or without 
limitations, which can, in most but not all cases, be seen as "improved".  
Improved: Overall improved commitments made under the Agreement (as compared to GATS).  
Similar:  Similar co mmitments (as compared to GATS); though possibly, in individual cases, with limited 
improvements and/or limited additional reservations.  
Source:  Draft Consolidated GATS Schedule of Specific Commitments (S/DCS/W/ MMR), prepared by the 
Secretariat (in  2003) a nd Myanmar's Schedule  annexed to the Agreement.  
 
3.4.2.7   The Philippines  
3.4.2.7.1   Horizontal commitments  
3.48.   Under the GATS, h orizontal limitations for mode 3 relate to activities expressly reserved by 
law to citizens of the Philippines, acquisition of land, and access to dom estic credit. Under mode 4, 
entry requires a determination of the non -availability of a person in the Philippines. To a large 
extent, under the Agreement , the Philippines'  horizontal commitments are similar  as under the 
GATS, with the specification that al l measures taken by local government units , all measures 
governing permanent residents, and all measures relating to taxation are unbound .  
3.4.2.7.2   Sector -specific commitments  
3.49.   The Philippines' commitments under the Agreement encompass sub-sectors not found in  its 
GATS schedule, namely services incidental to energy distribution; pipeline transport services; 
sewage services; and some tourism and travel related services (travel agencies, and professional 
congress organizing services) . Moreover, most commitments made u nder the GATS are reiterated 
under the Agreement. In a few instances, the commitments under the Agreement are different 
than under the GATS. In some cases more limitations are introduced under the Agreement (some 
banking services), while in other sectors, partial commitments are made when the services are 
unbound under the GATS (sewage services in particular).  While it has partial commitments under 
the GATS for courier services and some telecommunication services, these sub -sectors are 
unbound under the Agr eement.  
3.50.   Table 3.8 summarizes the Philippines'  commitments under the GATS and under the 
Agreement. It should also be read in conjunction with its Schedule of specific commitments .  
Table 3.8 Philippines: compar ison between the GATS and the Agreement specific 
commitments in trade in services (excluding mode 4)  
Sectors  GATS  As compared to GATS  FTA 
1. Business services     
A. Professional  Services  --- Similar  --- 
B. Computer  and Related  Services  --- Similar  --- 
C. Research  and Development  Services  --- Similar  --- 
D. Real  Estate  Services  --- Similar  --- 
E. Rental/Leasing  Services  without  Operators  --- Similar  --- 
F. Other  Business  Services  --- New Partial  
2. Communication services     
A. Postal  services  --- Similar  --- 
B. Courier  services  Partial  Low --- 
C. Telecommunication  services  Partial  Low --- 
D. Audiovisual  services  --- Similar  --- 
3. Construction and related engineering 
services     
A. General  construction  work for buildings  --- Similar  --- 
B. General  construction  work for civil Engineering  --- Similar  --- 
C. Installation  and assembly  work  --- Similar  --- 
D. Building  completion  and finishing  work  --- Similar  --- 
E. Other  --- Similar  --- WT/REG 372/1 
 
- 31 - 
  
Sectors  GATS  As compared to GATS  FTA 
4. Distribution services     
A. Commission  agents'  services  --- Similar  --- 
B. Wholesale  trade services  --- Similar  --- 
C. Retailing  services  --- Similar  --- 
D. Franchising  --- Similar  --- 
5. Education services     
A. Primary education services  --- Similar  --- 
B. Secondary education services  --- Similar --- 
C. Higher education services  --- Similar  --- 
D. Adult education  --- Similar  --- 
E. Other education services  --- Similar  --- 
6. Environmental services     
A. Sewage services  --- New Partial  
B. Refuse disposal services  --- Similar  --- 
C. San itation and similar services  --- Similar  --- 
D. Other  --- Similar  --- 
7. Financial services     
A. All insurance  and insurance -related  services  Partial  Low --- 
B. Banking  and other financial  services  Partial  Limited  Partial  
8. Health related and soci al services     
A. Hospital services  --- Similar  --- 
B. Other Human Health Services  --- Similar  --- 
C. Social Services  --- Similar  --- 
D. Other  --- Similar  --- 
9. Tourism and travel related services     
A. Hotels  and restaurants (including catering)  Partial Limited  Partial  
B. Travel  agencies  and tour operators  services  Partial  Improved  Partial  
C. Tourist  guides  services  --- Similar  --- 
10. Recreational and cultural and sporting 
services     
A. Entertainment  services  --- Similar  --- 
B. News agency s ervices  --- Similar  --- 
C. Libraries, archives, museums and other cultural 
services  --- Similar  --- 
D. Sporting and other recreational services  --- Similar  --- 
11. Transport services     
A. Maritime Transport Services  Partial  Similar  Partial  
B. Inter nal Waterways Transport  ---  --- 
C. Air  Transport  Services  Partial  Similar  Partial  
D. Space  Transport  ---  --- 
E. Rail  Transport  Services  Partial  Similar  Partial  
F. Road  Transport  Services  Partial  Similar  Partial  
G. Pipeline  Transport  ---  Partial  
H. Services  auxiliary  to all modes  of transport  Partial  Similar  Partial  
I. Other  Transport  Services  ---  --- 
General Note:   MFN and Horizontal limitations, as well as Mode 4 commitments/limitations not considered.  
Partial:  Specific commitments subject  to some limitation(s) under market access or national treatment, 
under any of the three modes.  
---: No specific commitment.  
Low: Lower coverage (as compared to GATS), including in cases a whole sector or subsector is excluded.  
New: New commitments under t he Agreement (as compared to GATS); full or partial, with or without 
limitations, which can, in most but not all cases, be seen as "improved".  
Improved: Overall improved commitments made under the Agreement (as compared to GATS).  
Similar:  Similar commitmen ts (as compared to GATS); though possibly, in individual cases, with limited 
improvements and/or limited additional reservations.  
Source:  Draft Consolidated GATS  Schedule of Specific Commitments (S/DCS/W/ PHL), prepared by the 
Secretariat (in 2003) and Philippine's Schedule  annexed to the Agreement.  
 
3.4.2.8   Singapore  
3.4.2.8.1   Horizontal commitments  
3.51.   Horizontal commitments  under the Agreement , listed with respect to modes 3 and 4, are 
completely in line with Singapore's commitments under the GATS, where mode 4 commitments 
cover intra -corporate transferees. The only difference with the GATS schedule is that a maximum WT/REG 372/1 
 
- 32 - 
 
period of stay of two years is specified, which can be extended up to eight years (compared to five 
years in the GATS).  
3.4.2.8.2   Sector -specific commitments  
3.52.   Under the Agre ement, Singapore's  services schedule builds on its commitments under the 
GATS. Improvements are made in particular through the improvement of the coverage, though, in 
some  cases, with limitations.  
3.53.   With respect to sectors for which Singapore has commitment s under the GATS, it registers 
under the Agreement improvements in relation to some business services (research and 
development services and other business services) that are covered more extensively . 
Improvement s are also made in maritime transport servic es, which are already partially bound 
under the GATS.   
3.54.   In a number of other sectors, partial specific commitments are made with respect in sectors 
and/or sub -sectors for which there are no GATS commitments. This is in particular the case for 
some business services (real estate and rental/leasing services); all distribution services; adult 
education and some other education services;  some environmental services (sanitation and similar 
services and some other environment services); some human health services as well as some 
social services; some recreational and cultural and sporting services (including entertainment 
services, certain archive services, services related to some parks, sports and recreational services 
– with the exception of gambling and betting  services -, and libraries, archives, museums and 
other cultural services); and some road transport services.  
3.55.   Other new services not covered elsewhere are washing, cleaning and dyeing services; 
hairdressing and other beauty services; funeral, cremation and  undertaking services except 
maintenance services of cemeteries, care of graves and graveyards, with no limitations under 
modes 2 and 3.  
3.56.   Table 3.9 summarizes Singapore's  commitments under the GATS and under the Agreement. 
It should also be read in conjunct ion with its Schedule of specific commitments .  
Table 3.9 Singapore: comparison between the GATS and the Agreement specific 
commitments in trade in services (excluding mode 4)  
Sectors  GATS  As compared to GATS  FTA 
1. Business services     
A. Professional  Services  Partial  Similar  Partial  
B. Computer  and Related  Services  Partial  Similar  Partial  
C. Research  and Development  Services  Partial  improved  Partial  
D. Real  Estate  Services  --- New Partial  
E. Rental/L easing  Services  without  Operators  --- New Partial  
F. Other  Business  Services  Partial  Improved  Partial  
2. Communication services     
A. Postal  services  --- Similar  --- 
B. Courier  services  Partial  Similar  Partial  
C. Telecommunication  services  Partial  Similar  Partial  
D. Audiovisual  services  Partial  Similar  Partial  
3. Construction and related engineering 
services     
A. General  construction  work for buildings  Full Similar  Full 
B. General  construction  work for civil Engineering  Full Similar  Full 
C. Installation  and assembly  work  Full Similar  Full 
D. Building  completion  and finishing  work  Full Similar  Full 
E. Other  Full Similar  Full 
4. Distribution services     
A. Commission  agents'  services  --- New Partial  
B. Wholesale  trade services  --- New Partial 
C. Retailing  services  --- New Partial  
D. Franchising  --- New Partial  
5. Education services     
A. Primary education services  --- Similar  --- 
B. Secondary education services  --- Similar  --- 
C. Higher education services  --- Similar  --- WT/REG 372/1 
 
- 33 - 
  
Sectors  GATS  As compared to GATS  FTA 
D. Adult education  --- New Partial  
E. Other education services  --- New Partial  
6. Environmental services     
A. Sewage services  --- Similar  --- 
B. Refuse disposal services  --- Similar  --- 
C. Sanitation and similar services  --- New Full 
D. Other  --- New Partial 
7. Financial services     
A. All insurance  and insurance -related  services  Partial  Similar  Partial  
B. Banking  and other financial  services  Partial  Similar  Partial  
8. Health related and social services     
A. Hospital services  --- Similar  --- 
B. Othe r Human Health Services  --- New Partial  
C. Social Services  --- New Partial  
D. Other  --- Similar  --- 
9. Tourism and travel related services     
A. Hotels  and restaurants (including catering)  Partial  Similar  Partial  
B. Travel  agencies  and tour operators  services  Partial  Similar  Partial  
C. Tourist  guides  services  Partial  Similar  Partial  
10. Recreational and cultural and sporting 
services     
A. Entertainment  services  --- New Full 
B. News agency services  --- Similar  --- 
C. Libraries, archives, museums and other cultural 
services  Partial  Similar  Partial  
D. Sporting and other recreational services  --- New Partial  
11. Transport services     
A. Maritime Transport Services  Partial  Improved  Partial  
B. Internal Waterways Transport  --- Similar  --- 
C. Air  Transport  Services  --- Similar  --- 
D. Space  Transport  --- Similar  --- 
E. Rail  Transport  Services  --- Similar  --- 
F. Road  Transport  Services  --- New Partial  
G. Pipeline  Transport  --- Similar  --- 
H. Services  auxiliary  to all modes  of transport  --- Similar --- 
I. Other  Transport  Services  --- Similar  --- 
12. Other services not included elsewhere  --- New Partial  
General Note:   MFN and Horizontal limitations, as well as Mode 4 commitments/limitations not considered.  
Partial:  Specific commitments sub ject to some limitation(s) under market access or national treatment, 
under any of the three modes.  
Full: Specific commitments not subject to limitation(s) under market access or national treatment, under 
any of the three modes.  
---: No specific commitment . 
New: New commitments under the Agreement (as compared to GATS); full or partial, with or without 
limitations, which can, in most but not all cases, be seen as "improved".  
Improved: Overall improved commitments made under the Agreement (as compared to GAT S). 
Similar:  Similar commitments (as compared to GATS); though possibly, in individual cases, with limited 
improvements and/or limited additional reservations.  
Source:  Draft Consolidated GATS Schedule of Specific Commitments (S/DCS/W/ SGP), prepared by the 
Secretariat (in 2003) and  Singapore's Schedule  annexed to the Agreement.  
 
3.4.2.9   Thailand  
3.4.2.9.1   Horizontal commitments  
3.57.   In the horizontal section of the schedule , under the Agreement , Thailand indicates that, for 
mode 3, suppliers must be juridical persons of another P arty that are owned and controlled by 
persons of any Party in order to benefit from the commitments made. As in the GATS, Thailand 
limits foreign equity participation to 49%. For all sectors included in Thailand's Schedule under the 
Agreement, all modes of  supply, for a service supplier of another Party who is a natural person of 
that Party but is not a national of that Party  are unbound . The horizontal section of Thailand's 
Schedule under the Agreement also contains commitments related to the temporary pre sence of 
natural persons in Thailand for business visitors, and intra -corporate transferees. As under the 
GATS, Thailand also registers a horizontal limitation related to the acquisition and usage of land. WT/REG 372/1 
 
- 34 - 
 
3.4.2.9.2   Sector -specific commitments  
3.58.   Under the Agreement, Thailand's  services schedule builds on its commitments under the 
GATS. While it exp ands the coverage of its speci fic commitments and/or improves market access 
and/or national treatment by withdrawing some limitations, it also chose not to reproduce, under 
the Agreement, certain GATS commitments (indicated as "low" in the following Table). 
Improvements are made in particular through the improvement of coverage, though, in most 
cases, with limitations .  
3.59.   With respect to sectors for which it has GATS commitments , Thailand makes  improvements , 
under the Agreement,  in professional services, rental/leasing services without operators and other 
business services (for the latter two Thailand's Schedule under the Agreement does not reiterate 
some of its GATS  commitments) ; and some air transport services (in relation to modes 2 and 3 for 
aircraft repair and maintenance services and selling and marketing of air transport services) . 
Partial commitments are also made in computer reservations system services.   
3.60.   Under the Agreem ent, Thailand does not reproduce some of its specific GATS commitments. 
This is in particular the case for telecommunication services; some education services (primary 
and secondary education as well as adult education); environmental services; financial s ervices; 
and some transport services (maritime transport services, and transport by rail, as well as services 
auxiliary to all modes of transport).  
3.61.   In a number of other sectors, partial specific commitments are made with respect to sectors 
and/or sub -sectors for which there are no GATS commitments. This is the case in relation to 
research and development services; hospital services; and entertainment services.   
3.62.   Table 3.10 summarizes Thailand's  commitments under the GATS and under the Agreement. 
It should a lso be read in conjunction with its Schedule of specific commitments .  
Table 3.10 Thailand: comparison between the GATS and the Agreement specific 
commitments in trade in services (excluding mode 4)  
Sectors  GATS As compared to GATS  FTA 
1. Business services     
A. Professional  Services  Partial  Improved  Partial  
B. Computer  and Related  Services  Full Similar  Full 
C. Research  and Development  Services  --- New Partial  
D. Real  Estate  Services  --- Similar  --- 
E. Rental/Leasing  Services  without  Operators  Partial  Low /  Improved  Partial  
F. Other  Business  Services  Partial  Low /  Improved  Partial  
2. Communication services     
A. Postal  services  --- Similar  --- 
B. Courier  services  --- Similar  --- 
C. Telecommunicat ion services  Partial  Low --- 
D. Audiovisual  services  Partial  Similar  Partial  
3. Construction and related engineering 
services     
A. General  construction  work for buildings  Partial  Similar  Partial  
B. General  construction  work for civil Engineering  Partial Similar  Partial  
C. Installation  and assembly  work  Partial  Low --- 
D. Building  completion  and finishing  work  --- Similar  --- 
E. Other  --- Similar  --- 
4. Distribution services     
A. Commission  agents'  services  Partial  Similar  Partial  
B. Wholesal e trade services  --- Similar  --- 
C. Retailing  services  --- Similar  --- 
D. Franchising  --- Similar  --- 
5. Education services     
A. Primary education services  Partial  Low --- 
B. Secondary education services  Partial  Low --- 
C. Higher education services   --- Similar  --- 
D. Adult education  Partial  Low --- 
E. Other education services  --- Similar  --- 
6. Environmental services     
A. Sewage services  Partial  Low --- 
B. Refuse disposal services  Partial  Low --- WT/REG 372/1 
 
- 35 - 
  
Sectors  GATS As compared to GATS  FTA 
C. Sanitation and similar services  Partial  Low --- 
D. Other  Partial  Low --- 
7. Financial services     
A. All insurance  and insurance -related  services  Partial  Low --- 
B. Banking  and other financial  services  Partial  Low --- 
8. Health related and social services     
A. Hospital services  --- New Partial 
B. Other Human Health Services  --- Similar  --- 
C. Social Services  --- Similar  --- 
D. Other  --- Similar  --- 
9. Tourism and travel related services     
A. Hotels  and restaurants (including catering)  Partial  Similar  Partial  
B. Travel  agencies  and tour operators  services  Partial  Similar  Partial  
C. Tourist  guides  services  --- Similar  --- 
10. Recreational and cultural and sporting 
services     
A. Entertainment  services  --- New Partial  
B. News agency services  --- Similar  --- 
C. Libraries, archives , museums and other cultural 
services  --- Similar  --- 
D. Sporting and other recreational services  Partial  Similar  Partial  
11. Transport services     
A. Maritime Transport Services  Partial  Low --- 
B. Internal Waterways Transport  --- Similar  --- 
C. Air  Transport  Services  Partial  Improved  Partial  
D. Space  Transport  --- Similar  --- 
E. Rail  Transport  Services  Partial  Low --- 
F. Road  Transport  Services  Partial  Similar  Partial  
G. Pipeline  Transport  --- Similar  --- 
H. Services  auxiliary  to all modes  of transport  Partial  Low --- 
I. Other  Transport  Services  --- Similar  --- 
General Note:   MFN and Horizontal limitations, as well as Mode 4 commitments/limitations not considered.  
Partial:  Specific commitments subject to some limitation(s) under market ac cess or national treatment, 
under any of the three modes.  
Full: Specific commitments not subject to limitation(s) under market access or national treatment, under 
any of the three modes.  
---: No specific commitment.  
Low: Lower coverage (as compared to GATS ), including in cases a whole sector or subsector is excluded.  
New: New commitments under the Agreement (as compared to GATS); full or partial, with or without 
limitations, which can, in most but not all cases, be seen as "improved".  
Improved: Overall impr oved commitments made under the Agreement (as compared to GATS).  
Similar:  Similar commitments (as compared to GATS); though possibly, in individual cases, with limited 
improvements and/or limited additional reservations.  
Source:  Draft Consolidated GATS  Schedule of Specific Commitments (S/DCS/W/ THA/Rev.1 ), prepared by the 
Secretariat (in 2003) and Thailand's Schedule  annexed to the Agreement.  
 
3.4.2.10   Viet Nam  
3.4.2.10.1   Horizontal commitments  
3.63.   As under the GATS, Viet Nam has inscribed, i n the horizontal section  of its Schedul e of 
specific commitments under the Agreement , certain restrictions under mode 3, including inter alia 
unbound for the establishment of a branch  unless otherwise indicated in each specific sector or 
sub-sector . Horizontal commitments under mode 4 cover int ra-corporate transferees, service sales 
persons, persons responsible for setting up a commercial presence, contractual service suppliers, 
and other personnel.  While the entry of  contractual service suppliers was allowed, under the GATS, 
specifically for co mputer and related services and engineering services only, under the Agreement, 
the entry of architectural service suppliers is also liberalized.  WT/REG 372/1 
 
- 36 - 
 
3.4.2.10.2   Sector -specific commitments  
3.64.   Viet Nam's schedule under the Agreement reproduces its GATS schedule.  It includes specific 
commitments in the 11 sector groups of the Services Sectoral Classification List, and covers about 
100 of the 160 sub -sectors identified in the list.  
3.65.   Table 3.11 summarizes Viet Nam's commitments under the GATS and under the Agreement. 
It should al so be read in conjunction with its Schedule of specific commitments.  
Table 3.11 Viet Nam: comparison between the GATS and the Agreement specific 
commitments in trade in services (excluding mode 4)  
Sectors  GATS As compared to 
GATS  FTA 
1. Business services     
A. Professional  Services  Partial  Same  Partial  
B. Computer  and Related  Services  Partial  Same  Partial  
C. Research  and Development  Services  Partial  Same  Partial  
D. Real  Estate  Services  --- Same  --- 
E. Rental/Leasing  Services  without  Operators  Partial  Same  Partial  
F. Other  Business  Services  Partial  Same  Partial  
2. Communication services     
A. Postal  services  --- Same  --- 
B. Courier  services  Partial  Same  Partial  
C. Telecommunication  services  Partial Same  Partial  
D. Audiovisual  services  Partial  Same  Partial  
3. Construction and related engineering 
services     
A. General  construction  work for buildings  Partial  Same  Partial  
B. General  construction  work for civil Engineering  Partial  Same  Partial  
C. Installation  and assembly  work  Partial  Same  Partial  
D. Building  completion  and finishing  work  Partial  Same  Partial  
E. Other  Partial  Same  Partial  
4. Distribution services     
A. Commission  agents'  services  Partial  Same  Partial  
B. Wholesale  trade services  Partial  Same  Partial  
C. Retailing  services  Partial  Same  Partial  
D. Franchising  Partial  Same  Partial  
5. Education services     
A. Primary education services  - Same  - 
B. Secondary education services  Partial  Same  Partial  
C. Higher education servi ces  Partial  Same  Partial  
D. Adult education  Partial  Same  Partial  
E. Other education services  Partial  Same  Partial  
6. Environmental services     
A. Sewage services  Partial  Same  Partial  
B. Refuse disposal services  Partial  Same  Partial  
C. Sanitation an d similar services  - Same  - 
D. Other  Partial  Same  Partial  
7. Financial services     
A. All insurance  and insurance -related  services  Partial  Same  Partial  
B. Banking  and other financial  services  Partial  Same  Partial  
8. Health related and social service s    
A. Hospital services  Partial  Same  Partial  
B. Other Human Health Services  - Same  - 
C. Social Services  - Same  - 
D. Other  - Same  - 
9. Tourism and travel related services     
A. Hotels  and restaurants (including catering)  Partial  Same  Partial  
B. Travel agencies  and tour operators  services  Partial  Same  Partial  
C. Tourist  guides  services  - Same  - 
10. Recreational and cultural and sporting 
services     
A. Entertainment  services  Partial  Same  Partial  
B. News agency services  - Same  - 
C. Libraries, arc hives, museums and other cultural 
services  - Same  - 
D. Sporting and other recreational services  Partial  Same  Partial  WT/REG 372/1 
 
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Sectors  GATS As compared to 
GATS  FTA 
11. Transport services     
A. Maritime Transport Services  Partial  Same  Partial  
B. Internal Waterways Transport  Partial  Same  Partial  
C. Air Transport  Services  Partial  Same  Partial  
D. Space  Transport  - Same  - 
E. Rail  Transport  Services  Partial  Same  Partial  
F. Road  Transport  Services  Partial  Same  Partial  
G. Pipeline  Transport  - Same  - 
H. Services  auxiliary  to all modes  of transport  Partial  Same  Partial  
I. Other  Transport  Services  - Same  - 
General Note:  MFN and Horizontal limitations, as well as Mode 4 commitments/limitations not considered.  
Partial:  Specific commitments subject to some limitation(s) under market access or nation al treatment, 
under any of the three modes.  
---: No specific commitment.  
Same : Same commitments as under the  GATS . 
Source:  Viet Nam's Schedule  of specific commitments under the GATS (document GATS/SC/142 of 19 March 
2007), and Viet Nam's Schedule  annexed t o the Agreement.  
 
3.5  Regulatory Provisions  
3.5.1   Domestic regulation  
3.66.   Article 5 largely replicates the disciplines contained in Article VI of the GAT S. It also binds 
the Parties to bring the results of the negotiations related to Article  VI.4 of GATS into effect un der 
the Agreement, as appropriate . 
3.5.2   Recognition  
3.67.   Under Article 6, the Agreement mirrors the provisions in paragraphs 1 through 3 of 
Article  VII of the GATS.  
3.68.   Upon request by a Party, the Parties shall also encourage their respective professional 
bodies or pr ofessional regulatory authorities, to negotiate arrangements for mutual recognition of 
education or experience obtained, requirements met, or licences or certifications granted in that 
service sector, with a view to the achievement of "early outcomes". Pro gress in this regard will be 
reviewed by the Parties in the course of the review of the Agreement pursuant to Article 27.  
3.69.   The provisions of the DSM Agreement shall not apply to disputes arising out of, or under, 
the provisions of agreement or arrangements for mutual recognition that may be concluded by the 
Parties' respective professional bodies or professional regulatory authorities.  
3.5.3   Subsidies  
3.70.   While excluding subsidies or grants by a Party or any conditions attached to the receipt or 
continued receipt of s uch subsidies or grants from the scope of the Agreement , Article 14 allows a 
Party to request consultations if such subsidies or grants significantly affect trade in services in 
which commitments were taken under the Agreement. To reach an amicable resolut ion of the 
matter, the Parties shall provide information on subsidies related to trade in services in which 
commitments were made to any requesting Party; and review the subsidies when relevant 
disciplines are develo ped by the WTO . The provision of the DSM  Agreement shall not apply to any 
request made or consultation held under Article 14 or to any dispute that may arise between the 
Parties under Article 14.  
3.5.4   Safeguards  
3.71.   Upon the conclusion of the WTO negotiations on GATS Article X (emergency safeguard 
measur es), the Parties shall discuss appropriate amendments to incorporate the results of the 
WTO negotiations  into the Agreement (Article 9 ). Until such time, no Party shall take safeguard 
actions against services and service suppliers of the other Party (or Pa rties). The Agreement WT/REG 372/1 
 
- 38 - 
 
however foresees exceptional circumstances under which a safeguard measure may be taken by 
Party in the event that the implementation of this Agreement causes substantial adverse impact to 
a service sector of another Party (before the  conclusion of the multilateral negotiations under 
Article X of the GATS). In such a case, the Parties shall however first consult for the purposes of 
discussing any such safeguard measure. Any measure taken pursuant to the Agreement (in 
particular paragra ph 2 of Article 9), including the duration for which the measure shall apply, shall 
be mutually agreed by the Parties concerned, applicable based on the principle of non -
discrimination, and limited to the specific service sector concerned. The circumstance s of the 
particular case shall be taken into account, and sympathetic consideration shall be given to the 
Party seeking to take a measure.  
3.72.    Under Article 11, where a Party is in serious balance of payments and external financial 
difficulties or threat ther eof, it may adopt or maintain restrictions on trade in services in 
accordance with paragraphs 1, 2, and 3 of Article XII of the GATS.  
3.5.5   Other  
3.5.5.1   Monopolies and exclusive service suppliers  
3.73.   Article 7 (on monopolies and exclusive service suppliers)  essentially rep roduces Artic les VIII 
1-3, and 5 of the GATS. For example, if a Party has reason to believe that another Party's 
monopoly service supplier is acting contrary to Article 7  (paragraphs 1 and 2) , the Party may 
request the other Party that has established, mai ntained or authorized such supplier to provide 
specific information concerning the relevant operation .  
3.74.   Under Article 8, t he Parties also recognize that certain business practices of services 
suppliers  (other than monopolies and exclusive service suppliers ) may restrain competition and 
there fore restrict trade in services. If requested by a Party, the other Party shall enter into 
consultations with a view to eliminating such practices . With full and sympathetic consideration the 
affecting Party shall cooper ate in supplying publicly available informa tion on the matter.  
3.5.5.2   Investment  
3.75.   As mentioned  above , the Agreement on Investment contains a provision affecting the 
supply of a service by a Party's service supplier through commercial presence in the territory of 
another Party. The Agreement on Investment shall however not apply to measures adopted or 
maintained by a Party to the extent that they are covered by the Agreement ( on services ). 
4  GENERAL PROVISIONS  OF THE AGREEMENT  
4.1  Transparency  
4.1.  Article 3  contains general t ransparency disciplines . In particular, it foresees prompt 
publication of all relevant measures of general application which pertain to or affect the operation 
of the Agreement. International agreements pertaining to or affecting trade in services to which  a 
Party is a signatory shall also be published. Each Party shall respond promptly to all requests by 
any other Party for specific information on any of the notified measures. Moreover, each Party 
shall establish one or more enquiry points to provide speci fic information to any other party, upon 
request, on all related matters.  
4.2.  Article III bis of the GATS (disclosure of confidential information) is, mutatis mutandis , 
incorporated into and forms part of the Agreement.  
4.2  Payments , transfers  and capital movemen ts 
4.3.  Articles 10 prohibits that Parties apply restrictions on international transfers and payments 
for current transactions relating to their specific commitments . The Parties' rights to apply 
restrictions to safeguard the balance of payments, as disciplined  under Article 11, remain 
reserved.  The rights and obligations of any Party who is a member of the IMF are unaffected, 
provided that a restriction on any capital transaction is not imposed inconsistently with that Party's 
specific commitments.  WT/REG 372/1 
 
- 39 - 
  
4.4.   With respec t to a Party's market access commitment in relation to the supply of a service 
through mode 1, that Party is committed to allow such movement of capital. Moreover, with 
respect to a Party's market access commitment in relation to the supply of a service th rough 
commercial presence, that Party is committed to allow related transfers of capital into its territory.  
4.3  Exceptions  
4.5.  Exceptions are contained in Articles 12 and 13 . The Agreement does not contain any 
provision on taxation.  
4.3.1   General exceptions  
4.6.  Article XI V of GATS, including its footnotes, is mirrored in Article 13 .  
4.3.2   Security exceptions  
4.7.  Article 13 builds on  the provisions of Article XIV bis of GATS f or measures related to security . 
Actions taken so as to protect critical public infrastructures including com munication, power and 
water infrastructures from deliberate attempts intended to disable or degrade such infrastructure 
are covered by the security exception . Article 13 also provides that nothing in the Agreement shall 
be construed to require a party to a ccord the benefits of the Agreement to a service supplier of 
another Party where a Party adopts or maintains measures in  any legislation or regulation which it 
considers necessary for the protection of its essential security interest with respect to a thir d-Party 
or a service supplier of a third -Party that would be violated or circumvented if the benefits of the 
Agreement were accorded to such service supplier.  
4.4  Accession and termination  
4.8.  The Agreement does not contain any accession provisions. Termination is , however, 
governed by Article 34 and foresees that the Agreement shall terminate if India withdraws or if the 
Agreement is in force for less than four ASEAN Member States.  
4.5  Institutional framework  
4.9.  A Joint Committee is established, inter alia , to review the  implementation and operation of 
the Agreement, and to supervise and coordinate the work of all Sub -Committees established under 
the Agreement or that it may establish (Article 26) .  
4.10.   Each Party shall designate a contact point to facilitate communications b etween the Parties 
on any matter covered by the Agreement (Article 25).  
4.6  Dispute settlement  
4.11.   The DSM Agreement  applies to the Agreement (Article 30). A full description of the DSM 
Agreement is contained in the factual presentation dedicated to the Trade in Goods Agreement 
between India and the ASEAN nations (see document WT/COMTD/RTA/7/1).  
4.7  Relationship with other agreements concluded by the Parties  
4.12.   Under Article 23 the Parties reaffirm their commitments under the WTO Agreements and 
other agreements to which these Parties are a Party. Nothing in the Agreement shall be construed 
to derogate from any right or obligation of a Party under the WTO Agreement and other 
agreements to which these Parties are a Party.  Consultation with a view to finding a mutually 
satisfactory solution is foreseen in the event of any inconsistency between the Agreement and 
these other agreements.  
4.13.   Nothing in the Agreement shall prevent any individual ASEAN Member State from entering 
into any agreement with India and/or any one or more ASE AN Member State. Moreover, the 
Agreement shall no t apply to any agreement among ASEAN Member States or to any agreement 
between India and any ASEAN Member State unless otherwise agreed by the parties to that 
agreement.  WT/REG 372/1 
 
- 40 - 
 
4.14.   Except as otherwise provide din the A greement, the Agreement or any action taken under it 
shall not affect or nullify the rights and obligations of a Party under existing agreements to which it 
is a party (Article 28).  
4.15.   Table 4.1 below shows the Parties' RTAs, notified and non -notified, other than the 
Agreement  
Table 4.1 ASEAN and India: Participation in other RTAs (notified and non -notified in 
force), as of 24 March 2016  
RTA Name  Date of 
entry into 
force  Coverage  GATT/WTO Notification  
Year WTO Provision  
ASEAN Member States - Collectively  
ASEAN - Australia - New 
Zealand  01-Jan-10 Goods & Services  2010 GATT Art. XXIV & GATS Art. V  
ASEAN - Republic of Korea  01-Jan-10 
01-May-09 Goods  
Services  2010 Enabling Clause, GATT Art. 
XXIV & GATS Art. V  
ASEAN - China  01-Jan-05 
01-Jul-07 Goods  
Services  2005 
2008 Enabling Clause  
GATS Art. V  
ASEAN - India 01-Jan-10 Goods  2010 Enabling Clause  
ASEAN - Japan  01-Dec-08 Goods  2009 GATT Art. XXIV  
ASEAN Free Trade Area 
(AFTA)  28-Jan-92 Goods  1992 Enabling Clause  
ASEAN Framework 
Agreement on Services 
(AFAS)  12-Aug-98 Services  Not Notified  
Individual ASEAN Member States  
Republic of Korea  - Viet 
Nam 20-Dec-15 Goods & Services  2016 GATT Art. XXIV & GATS Art. V  
Singapore - Chinese Taipei  19-Apr-14 Goods & Services  2014 GATT Art. XXIV & GATS Art. V  
Chile - Viet Nam 01-Jan-14 Goods  2015 GATT Art. XXIV  
Gulf Cooperation Council 
(GCC) - Singapore  01-Sep-13 Goods & Services  2015 Enabling Clause & GATS Art. V  
Costa Rica - Singapore  01-Jul-13 Goods & Services  2013 GATT Art. XXIV & GATS Art. V  
Malaysia - Australia  01-Jan-13 Goods & Services  2013 GATT Art. XXIV & GATS Art. V  
Chile - Malaysia  25-Feb-12 Goods  2013 GATT Art. XXIV  
India - Malaysia  01-Jul-11 Goods & Services  2011 Enabling Clause & GATS Art. V  
New Zealand - Malaysia  01-Aug-10 Goods & Services  2012 GATT Ar t. XXIV & GATS Art. V  
Japan - Viet Nam  01-Oct-09 Goods & Services  2009 GATT Art. XXIV & GATS Art. V  
Peru - Singapore  01-Aug-09 Goods & Services  2009 GATT Art. XXIV & GATS Art. V  
China - Singapore  01-Jan-09 Goods & Services  2009 GATT Art. XXIV & GATS Art . V 
Japan - Philippines  11-Dec-08 Goods & Services  2008 GATT Art. XXIV & GATS Art. V  
Brunei Darussalam - Japan  31-Jul-08 Goods & Services  2008 GATT Art. XXIV & GATS Art. V  
Japan - Indonesia  01-Jul-08 Goods & Services  2008 GATT Art. XXIV & GATS Art. V  
Pakistan - Malaysia  01-Jan-08 Goods & Services  2008 Enabling Clause & GATS Art. V  
Japan - Thailand  01-Nov-07 Goods & Services  2007 GATT Art. XXIV & GATS Art. V  
Panama - Singapore  24-Jul-06 Goods & Services  2007 GATT Art. XXIV & GATS Art. V  
Japan - Malays ia 13-Jul-06 Goods & Services  2006 GATT Art. XXIV & GATS Art. V  
Trans -Pacific Strategic 
Economic Partnershipa 28-May-06 Goods & Services  2007 GATT Art. XXIV & GATS Art. V  
Republic of Korea - 
Singapore  02-Mar-06 Goods & Services  2006 GATT Art. XXIV & GATS  Art. V  
Jordan - Singapore  22-Aug-05 Goods & Services  2006 GATT Art. XXIV & GATS Art. V  
India - Singapore  01-Aug-05 Goods & Services  2007 GATT Art. XXIV & GATS Art. V  
Thailand - New Zealand  01-Jul-05 Goods & Services  2005 GATT Art. XXIV & GATS Art. V  
Thailand - Australia  01-Jan-05 Goods & Services  2004 GATT Art. XXIV & GATS Art. V  
United States - Singapore  01-Jan-04 Goods & Services  2003 GATT Art. XXIV & GATS Art. V  
Singapore - Australia  28-Jul-03 Goods & Services  2003 GATT Art. XXIV & GATS Art. V  WT/REG 372/1 
 
- 41 - 
  
RTA Name  Date of 
entry into 
force  Coverage  GATT/WTO Notification  
Year WTO Provision  
EFTA - Singapore  01-Jan-03 Goods & Services  2003 GATT Art. XXIV & GATS Art. V  
Japan - Singapore  30-Nov-02 
02-Sep-07 Goods  
Services  2002 GATT Art. XXIV & GATS Art. V  
Asia Pacific Trade 
Agreement (APTA) - 
Accession of China  01-Jan-02 Goods  2004 Enabling Clau se 
New Zealand - Singapore  01-Jan-01 Goods & Services  2001 GATT Art. XXIV & GATS Art. V  
Lao People's Democratic 
Republic - Thailand  20-Jun-91 Goods  1991 Enabling Clause  
Global System of Trade 
Preferences among 
Developing Countries 
(GSTP)b 19-Apr-89 Goods 1989 Enabling Clause  
Asia Pacific Trade 
Agreement (APTA)c 17-Jun-76 Goods  1976 Enabling Clause  
Protocol on Trade 
Negotiations (PTN)d 11-Feb-73 Goods  1971 Enabling Clause  
Chile - Thailand  05-Nov-15 Goods  Not Notified  
Malaysia - Turkey  01-Aug-15 Goods  Not Notified  
Peru – Thailand  
(Early Harvest ) 31-Dec-11 Goods  Not Notified  
India - Thailand Early 
Harvest  01-Sep-04 Goods  Not Notified  
Pakistan - Indonesia  n.a. Goods  Not Notified  
APTA - Accession of 
Mongolia d 26-Oct-13 Goods  Not Notified  
India  
India - Japan  01-Aug-11 Goods & Services  2011 GATT Art. XXIV & GATS Art. V  
India - Malaysia  01-Jul-11 Goods & Services  2011 Enabling Clause & GATS Art. V  
Republic of Korea - India 01-Jan-10 Goods & Services  2010 Enabling Clause, GATT Art. 
XXIV & GATS Art. V  
ASEAN - India 01-Jan-10 Goods  2010 Enabling Clause  
India - Nepal  27-Oct-09 Goods  2010 Enabling Clause  
MERCOSUR - India 01-Jun-09 Goods  2010 Enabling Clause  
Chile - India 17-Aug-07 Goods  2009 Enabling Clause  
India - Bhutan  29-Jul-06 Goods  2008 Enabling  Clause  
South Asian Free Trade 
Agreement (SAFTA)  01-Jan-06 Goods  2008 Enabling Clause  
India - Singapore  01-Aug-05 Goods & Services  2007 GATT Art. XXIV & GATS Art. V  
India - Afghanistan  13-May-03 Goods  2010 Enabling Clause  
Asia Pacific Trade 
Agreement ( APTA) - 
Accession of China  01-Jan-02 Goods  2004 Enabling Clause  
India - Sri Lanka  15-Dec-01 Goods  2002 Enabling Clause  
South Asian Preferential 
Trade Arrangement (SAPTA)  07-Dec-95 Goods  1997 Enabling Clause  
Global System of Trade 
Preferences among 
Devel oping Countries 
(GSTP)  19-Apr-89 Goods  1989 Enabling Clause  
Asia Pacific Trade 
Agreement (APTA)  17-Jun-76 Goods  1976 Enabling Clause  
India - Thailand Early 
Harvest  01-Sep-04 Goods  Not Notified  WT/REG 372/1 
 
- 42 - 
 
RTA Name  Date of 
entry into 
force  Coverage  GATT/WTO Notification  
Year WTO Provision  
SAARC Agreement on Trade 
in Services (SATIS)  29-Nov-12 Services Not Notified  
APTA - Accession of 
Mongolia d 26-Oct-13 Goods  Not Notified  
a Members are: Brunei Darussalam, Chile, New Zealand and Singapore.  
b ASEAN States which are parties to the GSTP: Indonesia, Malaysia, Myanmar, Philippines, Singapore, 
Thailand,  Viet Nam.  
c ASEAN State which is a party to APTA: Lao People's Democratic Republic.  
d  ASEAN State which is a party to the PTN: Philippines.  
e  The Standing Committee of the APTA reached a consensus officially welcoming Mongolia as the 
7th member of the Agreement. This was done on the occasion of its 42nd session, which was held from 
25 to 26 October 2013  
n.a. Not available.  
Source:  WTO Secretariat.  
4.8  Other  
4.8.1   Cooperation  
4.16.   The Parties shall strengthen cooperation in services sectors including those which are no t 
covered by existing cooperation arrangements .13 The Parties shall discuss and mutually agree on 
the sectors for cooperation and develop cooperation programmes in these sectors in order to 
improve their domestic capacities, efficienc y and competitiveness  (Article 16).  
__________  
                                                
13 The Parties indicate that such cooperation has not taken place to date.