RESTRICTED  
  
S/C/W/372  
TN/S/W/63  
S/WPDR/W/58  
 
23 February 2017  
(17-1111) Page: 1/13 
Council for Trade in Services  
Council for Trade in Services  - Special Session  
Working Party on Domestic Regulation  Original: English  
 
COMMUNICATION FROM I NDIA  
TRADE FACILITATION A GREEMENT FOR SERVICE S 
The following communication, dated 22 February 2017, from the delegation of India is being 
circulated to the Members of the Council for Trade in Services, the Council for Trade in Services  - 
Special Session, and the Working Party on Domestic Regulation . 
 
_______________  
 
 
1.1.  On 6 October 2016, India tabled its proposal on the 'Concept Note for an Initiative on Trade 
Facilitation in Services' (S/WPDR/W/55) at the Working Party on Domestic Regula tion (WPDR) 
meeting, with the objective to briefly outline the concept of a Trade Facilitation Agreement for 
Services (TFS Agreement).  
1.2.  On 25  November 2016, India presented an Elements Paper (S/WPDR/W/57) at the WPDR 
meeting proposing the possible elements  of the TFS Agreement, as conceived by India, in a more 
detailed manner.  
1.3.  India now proposes a draft legal text on a ‘Trade Facilitation Agreement for Services’ for 
discussion. The draft legal text has provisions relating to facilitating trade in services,  development 
as well as institutional provisions.  
1.4.  The draft legal text is attached. India requests that this Communication and draft legal text 
be circulated to the Members of the WPDR, Council for Trade in Services (CTS) and Council for 
Trade in Services  – Special Session (CTS -SS). S/C/W/372 • TN/S/W/63 • S/WPDR/W/58  
 
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TRADE FACILITATION A GREEMENT FOR SERVICE S 
DRAFT TEXT FOR DISCU SSION  
PREAMBLE  ................................ ................................ ................................ ................................ .........  3 
SECTION I: FACILITAT ING TRADE IN SERVICES  ................................ ................................ ...............  4 
ARTICLE 1: SCOPE AND  DEFINITIONS  ................................ ................................ ...............................  4 
ARTICLE 2: PUBLICATI ON AND AVAILABILITY OF INFORMATION  ................................ ....................  5 
1   Publication  ................................ ................................ ................................ ................................ ... 5 
2   Opportunity to Comment and I nformation before Entry into Force ................................ ...............  6 
3   Enquiry/Contact Points  ................................ ................................ ................................ ................  6 
4   Notification ................................ ................................ ................................ ................................ ... 6 
ARTICLE 3: ADMINISTR ATION OF MEASURES  ................................ ................................ ...................  6 
1   Single Window  ................................ ................................ ................................ .............................  6 
2   Application Timeframes  ................................ ................................ ................................ ................  7 
3   Electronic Applications and Acceptance of Copies ................................ ................................ ........  7 
4   Processing of Applications  ................................ ................................ ................................ ............  7 
5   Appeals and Review  ................................ ................................ ................................ .....................  8 
6   Information and V erification Requests  ................................ ................................ .........................  8 
7   Fast-Track Procedure  ................................ ................................ ................................ ...................  8 
ARTICLE 4:  FEES AND  CHARGES  ................................ ................................ ................................ ....... 9 
ARTICLE 5: ADMINISTR ATION OF ECONOMIC NE EDS TESTS  ................................ .............................  9 
ARTICLE 6: PROVISION S PERTAINING TO RECO GNITION  ................................ ................................ . 9 
1   Qualification and Licensing R equirements  ................................ ................................ ....................  9 
2   Recognition Agreements  ................................ ................................ ................................ ..............  9 
ARTICLE 7: FACILITAT ING CROSS -BORDER FL OW OF INFORMATION  ................................ ...............  9 
ARTICLE 8: FACILITAT ING CONSUMPTION ABRO AD ................................ ................................ ....... 10 
1   Cross Border Insurance Coverage  ................................ ................................ ..............................  10 
2   Emergency Authorization  ................................ ................................ ................................ ...........  10 
ARTICLE 9: PROVISION S FACILITATING MOVEM ENT OF NATURAL PERSO NS ................................ .. 10 
1   Grant of Temporary E ntry ................................ ................................ ................................ ...........  10 
2   Multiple entry  ................................ ................................ ................................ .............................  10 
3   Social Security C ontributions ................................ ................................ ................................ ...... 10 
ARTICLE 10:  COOPERA TION AMONG COMPETENT  AUTHORITIES ................................ ....................  11 
SECTION II: DEVELOPM ENT PROVISIONS  ................................ ................................ .......................  11 
ARTICLE 11:  SPECIAL  AND DIFFERENTIAL TRE ATMENT  ................................ ................................ . 11 
ARTICLE 12: TECHNICA L ASSISTANCE  ................................ ................................ ............................  11 
SECTION III: INSTITU TIONAL ARRANGEMENT S AND FINAL PROVISIO NS ................................ ...... 12 
ARTICLE 13: INSTITUT IONAL ARRANGEMENTS  ................................ ................................ ...............  12 
1   Committee on Trade Facilitation in Services  ................................ ................................ ...............  12 
2   National Committee on Trade Facilitation in Services  ................................ ................................ . 12 
ARTICLE 14: FINAL PR OVISIONS  ................................ ................................ ................................ .... 13 S/C/W/372 • TN/S/W/63 • S/WPDR/W/58  
 
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  PREAMBLE  
 
Members,  
 
Recognizing  the significant and growing share of services in the global economy and international 
trade, the critical role of services in economy -wide and firm -level competitiveness, and the 
importance of timely and cost -effective delivery of serv ices for Member s; 
Considering  the need to facilitate the movement of information, data, technology and natural and 
juridical persons to enable services trade in an increasingly globalized and digitized world;  
Recognizing  the need to focus on regulatory coo peration and mechanisms to facilitate the 
meaningful implementation of  trade in services;  
Recognizing  the importance of transparency, objectivity, clarity, predictability, impartiality, 
reasonableness, timeliness, and easing the regulatory burden in provid ing the basis for realization 
of the full benefits of trade in servic es;  
Desiring  to clarify and improve relevant aspects of GATS Article III (Transparency), Article IV 
(Increasing the Participation of Developing Countries), Article VI (Domestic Regulatio n), Article VII 
(Recognition), Article XIX (Negotiations on Specific Commitments) and the Annex on Movement of 
Natural Persons  Supplying Services under the Agreement , with a view to addressing issues 
relevant for facilitating trade in services;  
Reiterating  the need to facilitate the increasing participation of developing and especially least 
developed country Members in trade in services, including inter alia, through assistance and 
support for capacity building with a view to strengthening their domestic s ervices capacity, 
efficiency and competitiveness;  
Taking particular account  of the serious difficulty of the least -developed country Members in view 
of their special economic situation and their developme nt, trade and financial needs;  
Recognizing the nee d for effective cooperation on tr ade facilitation among Members;  
Hereby agree as follows:  S/C/W/372 • TN/S/W/63 • S/WPDR/W/58  
 
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  SECTION I: FACILITAT ING TRADE IN SERVICE S 
ARTICLE 1: SCOPE AND  DEFINITIONS  
1. The provisions of this Agreement, except for Article 2 and Article 8.2, shall apply to all  
measures by Members affecting trade in services in sectors where specific commitments are 
undertaken. The provisions of Article 2 and 8.2 of this Agreement shall apply to all measures 
affecting trade in services.  
2. Members recognize the right to regulate, a nd to introduce new regulations, on the supply of 
services within their territories in order to meet national policy objectives and, given 
asymmetries existing with respect to the degree of development of services regulations in 
different Members , the part icular need of developing countries to exercise this right.  This 
Agreement should not be construed to prescribe or impose particular regulatory approaches or 
any particular regulatory provisions in relation to measures affecting the supply of services.  
3. Members shall use the definitions and terms established under the General Agreement on 
Trade in Services, except where specific definitions have been provided under this Agreement.  
4. The following terms shall have the meanings as set forth below:  
 
(a) “Authorisati on” refers to the granting of permission to a natural or juridical person to 
supply a service in or into the territory or a regional sub -division of a Member, and 
includes a license or a determination that such a person is qualified to supply a service. 
"Authorization" does not include measures:  
i. governing the general conduct of business, including locations, times of operation 
and similar conditions;  
ii. governing the safety or the impact on human, animal or plant life or health of the 
service or the physical s tructures associated with the service; or  
iii. concerning government procurement.  
(b) “Competent authorities ” mean central, regional or local governments or authorities  as 
well as non -governmental bodies in the exercise of the powers delegated by such 
central, regi onal or local governments or authorities that are directly or indirectly 
responsible for permitting or enabling the supply of a service, and includes authorities 
responsible for:  
i. qualification and/or licensing requirements and procedures governing the supp ly of a 
service;  
ii. data management, cross -border data transfers, data security and privacy;  
iii. foreign investment screening and/or approvals;  
iv. labour market, economic needs and other tests to determine eligibility of service 
suppliers;  
v. social security; and  
vi. immigration formalities.  
(c) “Fees and Charges ” refers to fees and charges payable to competent authorities in 
respect of the supply of a service, including but not limited to, fees and charges by 
whatever name referred to, in respect of licensing requirements an d procedures, S/C/W/372 • TN/S/W/63 • S/WPDR/W/58  
 
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  qualification requirements and procedures, immigration formalities, or any authorization 
for the supply of a service.1 
(d) “Immigration formality ” means a visa, permit, pass or other document or electronic 
authority granting a natural person of a  Member temporary entry into the territory of 
another Member for the supply of or consumption of services.  
(e) "Licensing procedures " are administrative or procedural rules that a natural or a 
juridical person, seeking authorization to supply a service, includ ing the amendment or 
renewal of a licence, must adhere to in order to demonstrate compliance with licensing 
requirements.  
(f) “Licensing requirements ” are substantive requirements, other than qualification 
requirements, with which a natural or a juridical pers on is required to comply in order to 
obtain, amend or renew authorization to supply a service.  
(g) "Qualification procedures " are administrative or procedural rules that a natural 
person must adhere to in order to demonstrate compliance with qualification 
requirements, for the purpose of obtaining authorization to supply a service.  
(h) "Qualification requirements " are substantive requirements relating to the competence 
of a natural person in relation to the supply a service, and which are required to be 
demonstrate d for the purpose of obtaining authorization to supply a service.  
(i) “Requirements and Procedures ” collectively refers to all laws, rules, regulations or 
other requirements and related procedures relevant for the supply of a service, including 
requirements an d procedures pertaining to:  
i. qualification and/or licensing requirements and procedures governing the supply of a 
service;  
ii. data management, cross -border data transfers, data security and privacy;  
iii. foreign investment screening and/or approvals;  
iv. labour marke t, economic needs and other tests to determine eligibility of service 
suppliers;  
v. social security; and  
vi. immigration formalities.  
ARTICLE 2: PUBLICATI ON AND AVAILABILITY OF INFORMATION  
1  Publication  
1.1.  Each Member shall promptly publish, through printed or to the  extent possible through 
electronic means, all measures of general application relating to the supply of a service, in a non -
discriminatory and easily accessible manner so as to enable governments, service suppliers and 
other interested parties to become a cquainted with them. In particular, each Member shall publish 
the following:  
(a) the official titles, addresses and contact information of relevant competent authorities;  
(b) requirements for authorisation, requirements for periodic renewal of such authorisation 
and general applicable terms and conditions of such authorisation;  
(c) requirements and procedures relevant for the supply of a service;  
                                                
1 Fees do not include fees for the use of natural resources, payments for auction, tendering or other 
non-discriminatory means of awarding concessions, or mandated contributions to universal service provision.  S/C/W/372 • TN/S/W/63 • S/WPDR/W/58  
 
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  (d) the normal timeframe for processing applications relating to authorisation, requirements 
and procedures;  
(e) fees, charges and p enalties imposed by competent authorities on or in connection with 
the supply of services;  
(f) where applicable, details as regards public hearings or opportunity for comments in 
relation to any authorisation, requirements and procedures as well as applicable fees 
and charges;  
1.2.  Each Member shall publish such information in at least one of the official languages of the 
WTO.  
2  Opportunity t o Comment and Information before Entry into Force  
2.1.  Each Member shall, to the extent practicable and in a manner consistent with i ts domestic 
law and legal system, provide opportunities and an appropriate time period to service suppliers 
and other interested parties to comment on proposed introduction or amendment of any measures 
relating to the supply of a service.  
2.2.  Each Member shall , to the extent practicable and in a manner consistent with its domestic 
law and legal system, ensure that new or amended measures relating to the supply of a service, 
are published or information on them made otherwise publicly available, as early as poss ible 
before their entry into force, in order to enable service suppliers and other interested parties to 
become acquainted with them.  
3  Enquiry/Contact Points  
Each Member shall establish and maintain appropriate mechanisms for responding to enquiries 
regardi ng any measures affecting the supply of a service, including associated requirements 
and procedures, and standards. Such enquiries may be addressed through the enquiry and 
contact points established under Articles III and IV of the GATS. The enquiry and co ntact 
points, as relevant, shall answer enquiries within a reasonable time period set by each Member.  
4  Notification  
Each Member shall notify the Committee on Trade Facilitation in Services established under 
Article 13 of this Agreement (referred as the "Com mittee") of:  
(a) the official place(s) where the items in subparagraphs 1.1  of this Article have been 
published;  
(b) the Uniform Resource Locators of the internet website(s) referred to in paragraph 1.1  of 
this Article ;  
(c) the information of the enquiry/contact poin ts referred to in paragraph  3 of this Article.  
ARTICLE 3: ADMINISTR ATION OF MEASURES  
1  Single Window  
Each Member shall, to the extent practicable, avoid requiring an applicant to approach more 
than one competent authority for2: 
(a) each application pertaining to  authorization; and  
(b) each application pertaining to requirements and procedures.  
                                                
2 For the avoidance of doubt, the Parties understand that separate competent authorities and 
application processes will be applicable for authorization and immigration formalities, respectively.  
 S/C/W/372 • TN/S/W/63 • S/WPDR/W/58  
 
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  2  Application Timeframes  
The competent authorities of a Member responsible for all requirements and procedures relating 
to authorization and immigration formalities, shall:  
(a) to the extent practicable, permit an applicant to submit an application at any time; and  
(b) allow a reasonable period for the submission of an application where specific time 
periods for applications exist.  
3  Electronic Applications and Acceptance of Copies  
The com petent authorities of a Member shall:  
(a) as far as practicable, endeavour to accept applications in electronic format; and  
(b) accept copies of documents, which are authenticated in accordance with the Member’s 
domestic law, in place of original documents, unless  they require original documents to 
protect the integrity of the authorisation process.  
4  Processing o f Application s 
4.1.  The competent authorities of a Member shall:  
(a) expeditiously process all applications, including applications for extensions and 
renewals;  
(b) to the extent practicable,  provide an indicative timeframe for processing of an 
application;  
(c) to the extent practicable , ascertain without undue delay the completeness of an 
application for processing under domestic laws and regulations;   
(d) in case an applicatio n is considered complete under the domestic laws and regulations , 
ensure that the processing of the application is completed within a reasonable period of 
time, and that the applicant is informed of the decision concerning the application , to the 
extent po ssible , in writing;  
(e) at the request of the applicant, provide without undue delay information concerning the 
status of the application;  
(f) in the case of an application considered incomplete for processing under domestic laws 
and regulations, within a reasonab le period of time, to the extent practicable;  
i. inform the applicant that the application is incomplete;  
ii. at the request of the applicant provide guidance on why the application is considered 
incomplete;  
iii. provide the applicant with the opportunity to provide  the additional information that 
is required to complete the application; and   
iv. where none of the above is practicable, and the application is rejected due to 
incompleteness, ensure that the applicant is informed within a reasonable period of 
time;  
(g) in the case of a rejected application, to the extent possible, either upon their own 
initiative or upon the request of the applicant, inform the applicant of the reasons for 
rejection and, where applicable, the procedures for resubmission of an application.  S/C/W/372 • TN/S/W/63 • S/WPDR/W/58  
 
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  4.2.  The c ompetent authorities of a Member shall ensure that an authorisation, once granted, or 
an immigration formality, once fulfilled, enters into effect without undue delay subject to the 
applicable terms and conditions.  
5  Appeals a nd Review  
5.1.  Each Member shall prov ide that any person to whom a competent authority issues a decision 
has the right, within its territory, to:  
(a) an administrative appeal to or review by an administrative authority higher than or 
independent of the competent authority that issued the decision ; and/or  
(b) a judicial appeal or review of the decision.  
5.2.  Each Member shall ensure that its procedures for appeal or review are carried out in a non -
discriminatory manner.  
5.3.  Each Member shall endeavour to ensure that, in a case where the decision on appeal or 
review under subparagraph 5.1 (a) of this Article is not given either:  
(a) within set periods as specified in its laws or regulations; or  
(b) without undue delay,  
the petitioner has the right to either further appeal to or further review by the administrative 
authority or the judicial authority or any other recourse to the judicial authority.  
5.4.  Each Member shall ensure that the person referred to in paragraph 5.1 is provided with the 
reasons for the decision of the competent authority so as to enable such a person t o have recourse 
to procedures for appeal or review where necessary.  
6  Information a nd Verification Requests  
Each Member shall ensure that all information and verification request s pertaining to 
requirements and procedures are:  
(a) simple and expeditious and are not applied in a manner that would constitute a 
restriction to trade in services; and  
(b) completed without undue delay.  
7  Fast- Track Procedure  
7.1.  Each Member shall, as far as practicable, establish fast -track procedures for authorization 
and immigration formaliti es for service suppliers based on the criteria such as:  
(a) past track record and successful fulfilment of requirements and procedures by a service 
supplier in its previous applications; and  
(b) whether the application pertains to renewal or extension of an author ization and/or 
immigration formality of a service supplier who is present within the territory of the host 
Member.  
7.2.  Such fast -track procedures shall not prevent a Member from requiring any additional 
declarations and supporting documentation from a service supplier as required under their laws or 
regulations.  S/C/W/372 • TN/S/W/63 • S/WPDR/W/58  
 
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  ARTICLE 4:  FEES AND  CHARGES  
Members shall ensure that:  
(a) fees and charges applied are reasonable, transparent, commensurate with the costs 
incurred by the competent authorities, and do not in themselves restrict or impair the 
supply of the relevant service; and  
(b) adequate time period is available between the publication and the applicability of any 
increase in the fees and charges.  
ARTICLE 5: ADMINISTR ATION OF ECONOMIC NE EDS TESTS  
1. Where a Member has schedul ed economic needs tests in its schedule of specific commitments, 
it shall publish information with regard to the criteria on which such tests are based, and 
details of requirements, procedures and/or guidelines for administration of such tests.  
2. Members sha ll ensure that economic needs tests, where applied, do not impose undue costs on 
the service supplier, and do not result in undue delays and uncertainty for service suppliers.  
ARTICLE 6: PROVISION S PERTAINING TO RECO GNITION  
1  Qualification a nd Licensing Requ irements  
1.1.  Where a Member imposes licensing or qualification requirements for the supply of a service, 
in or into the territory or a regional sub -division of a Member, it shall ensure that adequate 
procedures exist for assessing an applicant’s fulfilment of such requirements, including procedures 
for assessment and verification of qualifications. Where the competent authority considers it 
relevant, it shall give due consideration to relevant professional experience of the applicant and 
membership in a relevan t professional association in the territory of another Member.  
1.2.  Where an applicant has presented necessary supporting evidence relating to qualifications 
and licensing, the competent authority, in verifying and assessing such evidence shall identify any 
deficiency and inform the applicant of the relevant requirements to meet such deficiency. Such 
requirements may include, inter alia, course work, examinations, training, and work experience. 
Where appropriate, each Member shall allow applicants to fulfil such  requirements in the home 
country, host country or any third country jurisdiction.  
1.3.  Where examinations are required for fulfilment of qualification and licensing requirements, 
each Member shall ensure that they are scheduled at reasonably frequent intervals . Applicants for 
examinations shall be allowed a reasonable period to submit applications. Each Member shall, to 
the extent practicable, having regard to the cost and administrative burden involved, encourage 
the competent authorities to use electronic mea ns for conducting such examinations and to 
provide opportunities for conducting such examinations from the  home country of the applicant.  
2  Recognition Agreements  
2.1.  Each Member shall afford adequate opportunities and mechanisms to other Members, 
especially dev eloping country Members, to negotiate their accession to agreements or 
arrangements pertaining to recognition as referred to in Article VII.1 of the GATS .  
2.2.  The Committee on Trade Facilitation in Services shall regularly monitor implementation of 
these agre ements or arrangements.  
ARTICLE 7: FACILITAT ING CROSS -BORDER FLOW OF INFOR MATION  
1. Each Member shall allow cross -border transfer of information by electronic means, including 
personal information, where such activity is for the purpose of supplying services  from the 
territory of a Member into the territory of any other Member.  S/C/W/372 • TN/S/W/63 • S/WPDR/W/58  
 
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  2. Each Member may adopt or maintain measures, in accordance with its respective laws and 
regulations, to protect the personal information, including through laws for the protection of 
personal information or personal data, sector -specific laws addressing protection of personal 
data, or laws that provide for the enforcement of contractual obligations assumed by suppliers 
and recipients with regard to protection of personal information. No Member shall impose any 
barriers to flow of personal information from its territory to persons in the territory of another 
Member, merely because the measures that such other Member adopts for the protection of 
personal informat ion are different from its o wn. 
3. Each Member shall afford adequate opportunities and mechanisms to other Members, 
especially developing country Members, to negotiate their accession to recognition 
arrangements pertaining to data privacy and security. The Committee on Trade Facilitatio n in 
Services shall regularly monitor implementation of the  requirements  set out in this paragraph . 
ARTICLE 8: FACILITAT ING CONSUMPTION ABRO AD 
1  Cross Border Insurance Coverage  
In order to enable meaningful access to services consumed in another Member, each  Member 
shall encourage the insurance service providers in its territory to enable insurance coverage in 
respect of health related services availed of in another Member.  
2  Emergency Authorization  
Members shall endeavour to expedite the processing of immigrat ion formalities in respect of 
service consumers who are seeking medical services or such other services that are urgent 
and/or essential.  
ARTICLE 9: PROVISION S FACILITATING MOVEM ENT OF NATURAL PERSO NS 
1  Grant of temporary entry  
1.1.  Each Member shall publish or  otherwise make publicly available explanatory material on all 
relevant immigration formalities which pertain to or affect the operation of its commitments 
relating to the movement of natural persons, including information on the types of business and 
work related visas or permits issued in respect of the categories of natural persons specified in its 
schedule of specific commitments.  
1.2.  Each Member shall put in place adequate mechanisms for separate categories of visas that 
correspond to each category of natu ral person in respect of which commitments are taken. 
Members shall also develop a scheme for a GATS visa applicable for categories of natural persons  
committed in their sc hedule of specific commitments.  
1.3.  The competent authority of each Member responsible f or immigration formalities shall, under 
normal circumstances, rely on the representation of the employer, service supplier, and/or service 
consumer, regarding the designation and/or competence of the natural person to provide the 
relevant services.   
2  Multi ple entry  
Each Member shall make best endeavours to grant multiple entry visas to natural persons who are 
service suppliers of another Member, subject to such natural persons meeting such Member’s 
prescribed immigration formalities.  
3  Social Security Contrib utions  
3.1.  Each Member shall endeavour to exempt natural persons of another Member engaged in the 
supply of services from social security contributions in its territory. Such exemption of social 
security contributions may be based upon an agreement or arrangem ent with the Member 
concerned, or may be accorded autonomously.  S/C/W/372 • TN/S/W/63 • S/WPDR/W/58  
 
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  3.2.  In the event such exemption is not possible, and the natural person is unable to avail of the 
benefits, or can only partially avail of benefits from the social security contribution, then the 
Member which has collected the contribution, shall refund such contribution, or the unused portion 
thereof, to the natural person at the time of such natural person’s return to his/her home country.  
ARTICLE 10:  COOPERA TION AMONG COMPETENT  AUTHORITIES  
Memb ers shall endeavour to ensure that their competent authorities cooperate on mutually agreed 
terms with other Members’ competent authorities to facilitate trade in services. The areas for 
cooperation among competent authorities include:  
(a) exchange of informat ion on requirements and procedures and associated formalities and 
documentation on a regular basis and sharing experiences regarding implementation;  
(b) work with relevant intergovernmental and non -governmental professional bodies to 
learn about best practice s relating to service related measures;  
(c) exchange of information and sharing best practices on methodologies for collection and 
compilation of data relating to trade in services and collaboration among statistical 
organizations with expertise in capturing s uch data across Members, with a view towards 
improving information on trade in services and capacity building;  
(d) exchange statistics on trade in services for all four modes of supply to reduce the burden 
of data collection; and  
(e) provide technical guidance or assistance and support for capacity building to small and 
medium enterprises with a view to enhancing their role in trade in services.  
 
SECTION II: DEVELOPM ENT PROVISIONS  
ARTICLE 11:  SPECIAL  AND DIFFERENTIAL TRE ATMENT  
1. A developing country Member shall not  be required to apply the provisions of this Agreement 
for a period of [X] years from their date of entry into force. Before the end of this transitional 
time period, upon request by a developing country Member, the Committee may extend the 
time period to implement these disciplines.  
2. Least -developed country Members (LDCs) shall not be required to implement the provisions of 
this Agreement. LDCs are nonetheless encouraged to implement the provisions of this 
Agreement to the extent compatible with their speci al economic situation and their 
development, trade and financial needs.  
3. A Member shall endeavour to accord reduced fees and charges to service suppliers from 
developing country Members, and in particular from LDCs.  
4. Where circumstances allow for the phased introduction of new requirements, procedures, 
standards and measures relevant to trade in services, Members shall consider longer phase -in 
period for the applicability of such measures in service sectors and modes of supply of export 
interest to developing  country Members.  
ARTICLE 12: TECHNICA L ASSISTANCE  
Developed country Members, and to the extent possible other Members, shall provide technical 
assistance to developing country Members and in particular LDCs, upon their request and on 
mutually agreed terms  and conditions. Technical assistance shall be aimed, inter alia, at:  
(a) developing and strengthening institutional and regulatory capacities to implement the 
obligations arising under this Agreement;  S/C/W/372 • TN/S/W/63 • S/WPDR/W/58  
 
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  (b) assisting service suppliers from developing country Membe rs and LDCs to meet the 
relevant requirements and procedures in export markets;  
(c) assisting, through public or private bodies and relevant international organizations, 
service suppliers of developing country Members in building their supply capacity.  Such 
assistance may also be provided directly to th e respective service suppliers.  
 
SECTION III: INSTITU TIONAL ARRANGEMENTS AND FINAL PROVISIONS  
ARTICLE 13: INSTITUT IONAL ARRANGEMENTS  
1  Committee on Trade Facilitation in Services  
1.1.  A Committee on Trade Facilitation in Services (referred to as the “Committee”) shall be 
established.  
1.2.  The Committee shall be open for participation by all Members and shall elect its own 
Chairperson. The Committee shall meet as needed and envisaged by the relevant provisions of this 
Agreem ent, but no less than once a year, for the purpose of affording Members the opportunity to 
consult on any matters related to the operation of this Agreement or the furtherance of its 
objectives. The Committee shall carry out such responsibilities as assign ed to it under this 
Agreement or by the Members. The Committee shall establish its own rules of procedure.  
1.3.  The Committee may establish such subsidiary bodies as may be required. All such bodies 
shall report to the Committee.  
1.4.  The Committee shall develop pro cedures for the sharing by Members of relevant information 
and best practices as appropriate.  
1.5.  The Committee shall maintain close contact with other international organizations in services 
as well as important regional and domestic organizations in services , including competent 
authorities in each Member, with the objective of securing the best available advice for the 
implementation and administration of this Agreement and in order to ensure that unnecessary 
duplication of effort is avoided. To this end, th e Committee may invite representatives of such 
organizations or their subsidiary bodies to:  
(a) attend meetings of the Committee; and  
(b) discuss specific matters related to the implementation of this Agreement.  
1.6.  The Committee shall review the operation and impleme ntation of this Agreement two years 
from its entry into force, and periodically thereafter.  
1.7.  Members are encouraged to raise before the Committee questions relating to issues on the 
implementation and application of this Agreement.  
1.8.  The Committee shall encou rage and facilitate ad hoc discussions among Members on specific 
issues under this Agreement with a view to reaching a mutually satisfactory solution promptly.  
1.9.  The Committee shall encourage and facilitate consultations among Members and the National 
Commit tees on Trade Facilitation in Services to address sectors and modes of supply of export 
interest to developing  countries  and LDCs. 
2  National Committee on Trade Facilitation in Services  
Each Member shall establish and maintain a National Committee on Trade F acilitation in Services 
or designate an existing mechanism to facilitate both domestic coordination and implementation of 
the provisions of this Agreement.  S/C/W/372 • TN/S/W/63 • S/WPDR/W/58  
 
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  ARTICLE 14: FINAL PR OVISIONS  
1. For the purpose of this Agreement, the term "Member" is deemed to inclu de the competent 
authority of that Member.  
2. Developed country Members shall implement this Agreement from the date of its entry into 
force. Developing country Members and least developed country Members shall implement 
this Agreement in accordance with Arti cle 11.1 and Article 11.2 respectively.  
3. Nothing in this Agreement shall be construed as diminishing the obligations of Members 
under the GATS.  
4. All exceptions and exemptions under the GATS shall apply to the provisions of this 
Agreement.  
5. The provisions of  Article XXII and Article XXIII of GATS, as elaborated and applied by the 
Decision on Certain Dispute Settlement Procedures for the GATS, shall apply to the 
consultations and settlement of disputes under this Agreement.  
6. Reservations may not be entered in r espect of any of the provisions of this Agreement 
without th e consent of the other Members.  
 
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