RESTRICTED  
  
WT/ACC/SPEC/KAZ/12/Add.1  
 
10 September 2014  
(14-5127) Page: 1/8  
Working Party on the 
Accession of Kazakhstan   
 
  ACCESSION OF KAZAKHSTAN 
DRAFT SCHEDULE OF SPECIFIC COMMITMENTS ON TRADE IN SERVICES 
DRAFT LIST OF ARTICLE II MFN EXEMPTIONS 
Addendum 
 
 
 
This document consolidates the comments and questions from 15 Signatory Members1 with 
negotiated and signed Bilateral Market Access Agreements on Services, deposited with the 
Director-General. 
 
 
The Table registers the following information:  
Column I:  Name of Signatory Member 
 Column II:  (i) the comments received from the following Members: China; 
Saudi Arabia, Kingdom of; Turkey; an d the United States, on the Draft 
Services Schedule, contained in document WT/ACC/SPEC/KAZ/12 and 
circulated on 30 July 2014; and 
(ii) Summary of substance of email exchanges, as part of the process of 
Verification between the Delegation of Kazakhstan and Signatory 
Members after the circulation of the Draft Services Schedule, as consolidated by the Secretariat, on 27 March 2013  
Column III:  Date of last communication from Signatory Member to the Delegation of 
Kazakhstan  
Column IV:  Comments from the Delegation of Kazakhstan on the status of the 
consultations on the Draft Services Schedule, submitted to the Secretariat 
on 4 September 2014 
Column V:  Secretariat Technical Notes. 
 
 
_____________ 
 
 
  
                                               
1 Australia; Brazil; Canada; China; Egypt; European Union; India; Japan; Korea, Republic of; Norway; 
Saudi Arabia, Kingdom of; Switzerland; Chinese Taipei; Turkey; United States. This document has been prepared under the Secretariat's own responsibility 
and is without prejudice to the positions of Members or to their rights and 
obligations under the WTO.  
  WT/ACC/SPEC/KAZ/12/Add.1  
 
- 2 - No. Signatory 
Member  Comments /  Questions raised Date of last 
communication, as 
sent/forwarded to 
the Secretariat Comments from 
the Delegation of 
Kazakhstan Secretariat 
Technical Note 
 I. II. III. IV. V. 
1. Australia  Australia commented on one issue:  
 
1.  Kazakhstan proposed the exclusion of land surveying for the purpose of 
establishing legal bounda ries; aerial surveying and aerial map-making 
related from the scope of the Scientific and Technical Consulting Services.  Australia was against the introduction of the exclusion in the Schedule. 
 
 Kazakhstan removed the proposed ex clusion from the Draft Services 
Schedule. 
 
 Australia agreed to the version of the Draft Services Schedule sent to it by 
the Delegation of Kazakhstan (not  forwarded to the Secretariat). 1 October 2013  
(by Australia) No comments. Agreed. 
2. Brazil  Brazil indicated to the Delegation of Kazakhstan that it would not have any 
requests on services.  
 Brazil expressed no explicit agreement to the version of the Draft Services 
Schedule sent to it by th e Delegation of Kazakhstan. 19 November 2013 
(by Brazil) Brazil agreed to the 
offer of Kazakhstan. Neutral comment. 
3. Canada  Canada commented on three issues: 
 
1.  On Real Estate, Kazak hstan requested to stipulate the following: "Unbound 
for private ownership and lease of land plots located in the border zone and 
borderland". From Canada's perspectiv e, there was no need to inscribe a 
limitation in the Schedule, as already covered by GATS Articles XIV, XIVbis.  
 • Kazakhstan removed the la nguage from the Schedule. 
 2.  Kazakhstan proposed the exclusion of land surveying for the purpose of 
establishing legal boundaries; aerial  surveying and aerial map-making 
related from the scope of the Scientific and Technical Consulting Services. Canada was against the introduction of the exclusion in the Schedule. 
 • Kazakhstan removed the ex clusion from the Schedule. 
 
3.  With respect to Services incidental  to fishing and Distribution services, 
Kazakhstan requested to exclude sturgeon fish and caviar from their 
commitments. Canada indicated that the exclusion was already covered by GATS Article XIV(b). It did not oppose  to its inclusion to the Schedule. 
• Kazakhstan kept the exclusion in the Schedule. 
  Canada expressed no explicit agre ement to the version of the Draft 
Services Schedule sent to it by  the Delegation Kazakhstan.   10 March 2014  
(by Canada) No comments. Agreed.  
  WT/ACC/SPEC/KAZ/12/Add.1  
 
- 3 - No. Signatory 
Member  Comments /  Questions raised Date of last 
communication, as 
sent/forwarded to 
the Secretariat Comments from 
the Delegation of 
Kazakhstan Secretariat 
Technical Note 
4. China  On 29 August 2014, China informed the Secretariat that it had identified 
some disparities between the Draft Consolidated Services Schedule (WT/ACC/SPEC/KAZ/12) and the bilateral agreement between China and Kazakhstan, which was signed in 2005, in the following aspects:  
 1.  Mode 4;   2.  Specific commitments on telecommunication services, distribution services, 
environmental services, educational services, and financial services;  
 3.  List of Article II (MFN) Exemptions.   
China continued reviewing these differenc es and reserved the right to raise 
further comments, if necessary, at the Technical Verification Meeting on 26 September. 29 August 2014  
(by China)  No comments. Outstanding. 
 Information not available to the Secretariat. 
5. Egypt  Kazakhstan forwarded to Egypt its explan ations on five proposed changes to 
the Draft Services Schedule consolidated by the Secretariat in March 2013: 
1.  On the new reservations pr oposed by Kazakhstan for private 
ownership and lease of land plots; 
2.  On the exclusion of sturgeon fish and caviar from the scope of 
Kazakhstan's commitments on Servic es incidental to fishing and 
Distribution services;  
3.  On the exclusion of land survey ing and technical consulting services 
for the purpose of establishing lega l boundaries, aerial surveying and 
aerial map-making and services incide ntal to fishing, as proposed by 
Kazakhstan; 
4 .   O n  t h e  n e w  l a n g u a g e  p r o p o s e d  b y  K a z a k h s t a n  o n  N e w s  A g e n c y  
S e r v i c e s  ( L i m i t a t i o n s  o n  M a r k e t  A c c e s s ,  M o d e  3 ) :   " T h e  c o m m e r c i a l  
presence is allowed only in the form of the juridical person of 
Kazakhstan"; 
5.  On Financial services, on the new "transparency footnotes" proposed 
by Kazakhstan to: (i) all payment and money transmission services, 
including credit and debit cards, travellers' cheques and bankers drafts; and (ii) trading for own acco unt or for account of customers, 
whether on an exchange, in an over -to-counter market or otherwise. 
 Kazakhstan's proposals 1, 2, 3, 5 have been removed from the Draft 
Schedule. On issue 4, no confirmation  of agreement between Kazakhstan and 
Egypt. 13 May 2013  
(by Kazakhstan)    First, Egypt has not 
commented on Kazakhstan's offer.    Second, Kazakhstan would like to explain, that on News Agency Services there was a technical mistake in the offer signed with Egypt and some other countries, due 
to which Kazakhstan 
received  questions 
from some Members. Kazakhstan has explained the situation to Members, and they have accepted its explanations.      
  WT/ACC/SPEC/KAZ/12/Add.1  
 
- 4 - No. Signatory 
Member  Comments /  Questions raised Date of last 
communication, as 
sent/forwarded to 
the Secretariat Comments from 
the Delegation of 
Kazakhstan Secretariat 
Technical Note 
6. European 
Union  The European Union commented on six issues: 
 
1. On the new reservations propos ed by Kazakhstan for private 
ownership and lease of land plots; 
 2. The exclusion of land surveying and technical consulting services for 
the purpose of establishing legal boundaries, aerial surveying and 
aerial map-making and services incide ntal to fishing, as proposed by 
Kazakhstan; 
 3. The new clarification from Kazakhstan that it was taking its WTO 
commitments only with respect to WTO-members (and not erga 
omnes ), which the European Union considered unnecessary; 
 4. New Banking reservations proposed by Kazakhstan (not forwarded to 
the Secretariat);  
 5. Headnote in the Schedule, proposed by Kazakhstan, excluding legally 
controlled precursors to narcoti cs and psychotropic substances from 
the scope of Kazakhstan's commitme nts on services. This element 
was not in the agreement with the European Union;  
 6. On retail services, the European Union requested Kazakhstan to add 
CPC 631 back to the commitments. 
 
 The European Union indicated that agreement on the wording on executives 
in the Horizontal Commitments  Section had been reached; 
 
 All comments of the European Union have been taken into account by 
Kazakhstan.  
 
 The European Union expressed no explicit agreement to the version of the 
Draft Services Schedule sent to it by the delegation Kazakhstan. 10 July 2013  
(by the European Union) No comments. Agreed. 
7. India  India had several comments (not forwarded to the Secretariat). 
  No information on the re sponses of the Delegation  of Kazakhstan to the 
comments. 
  India agreed with the version of the Draft Services Schedule sent to it by the 
Delegation of Kazakhstan (not forwarded to the Secretariat), but reserved 
the right to make any comments when the Draft Services Schedule is circulated by the Secretariat. 12 March 2014  
(by India) No comments. Agreed. 
 Information not available to the Secretariat.  
  WT/ACC/SPEC/KAZ/12/Add.1  
 
- 5 - No. Signatory 
Member  Comments /  Questions raised Date of last 
communication, as 
sent/forwarded to 
the Secretariat Comments from 
the Delegation of 
Kazakhstan Secretariat 
Technical Note 
8. Japan  Japan commented on 3 issues:  
 1.  On Real Estate, Kazakhstan proposed new reservations for private 
ownership and lease of land plots.  Japan requested to delete the new 
language ("Unbound for private ownership and lease of land plots located in the border zone and bo rderland"), as "the section of 
horizontal commitments should not be used to prescribe any specific commitments, but to register the common restrictions for the whole 
scheduled services"; 
 2.  Also on Real Estate, with resp ect to the new proposal of Kazakhstan 
on "the border zone and borderland " in the column on Limitations on 
national treatment, Japan requeste d to add the following footnote: 
"Kazakhstan will apply the limitati on after the establishment of 
resolutions including the definiti on of ‘the border zone and 
borderland'"; 
 3 .   O n  N e w s  a g e n c y  s e r v i c e s ,  w i t h  r e g a r d  t o  " F o r e i g n  n e w s  a g e n c i e s "  
prescribed in Mode 3 in the column on Limitations on market access, Japan requested to express that the condition about the juridical 
person did not apply to a foreign news agencies.  
 
 Kazakhstan's proposals 1, 2 have been  removed from the Draft Schedule.  
With respect to issue 3, no confirmation that it has been resolved. 
 
 Japan expressed no explicit agreement to the version of the Draft Services 
Schedule sent to it by the delegation Kazakhstan. 10 November 2013 
(by Japan) Kazakhstan has 
concluded our negotiations with Japan. During the negotiations, Japan requested, and Kazakhstan added the language "notwithstanding mentioned above" with respect to Foreign News 
Agencies. Since 
Kazakhstan satisfied the request, Japan and Kazakhstan consider that Japan has agreed to Kazakhstan's draft schedule. Outstanding. 
 Issues raised, resolved, except number 3.  
9. Korea  Korea commented on one issue: 
 1.  New language was proposed by Kazakhstan on News Agency Services 
(Limitations on Market Access, Mode 3):  "The commercial presence is allowed only in the form of the juridical person of Kazakhstan";  
  Kazakhstan explained that the proposed addition would not worsen the terms 
of access to the services market, as no rmally news agencies do not establish 
commercial presence in order to prov ide services. The addition would apply 
only in rare cases.  Korea agreed with the explanation. 
  Korea agreed with the version of the Draft Services Schedule sent to it by the 
Delegation of Kazakhstan (not forwarded to the Secretariat), but reserved 
the right to make any comments when the Draft Schedule is circulated by the Secretariat. 8 April 2014  
(by Korea) No comments. Agreed.  
  WT/ACC/SPEC/KAZ/12/Add.1  
 
- 6 - No. Signatory 
Member  Comments /  Questions raised Date of last 
communication, as 
sent/forwarded to 
the Secretariat Comments from 
the Delegation of 
Kazakhstan Secretariat 
Technical Note 
10. Norway  Norway accepted all change s proposed by Kazakhstan on the assumption that 
Kazakhstan would accept that non-li fe insurance would cover energy 
services.  Kazakhstan refused to accept the new commitment. 
  In its email of 6 February 2014, Kazakhstan informed Norway that there 
would be scope to negotiate a resolution/accommodation.  Based on this understanding, Norway agreed to the ve rsion of the Draft Services Schedule 
sent by the Delegation of Kazakhstan  (not forwarded to the Secretariat). 7 February 2014  
(by Norway)  
 Unless Norway has 
presented other comments recently, Kazakhstan considers that Norway has agreed to the Draft Schedule.   Outstanding. 
 Information not available to the Secretariat.  
11. Saudi Arabia  The Kingdom of Saudi Arabia commen ted on four issues (comments not 
forwarded to the Secretariat): 
 1.  On Services incidental to fishing and Distribution services; 
 2.  On Scientific and Technical Consulting Services (comments not forwarded 
to the Secretariat); 
 3.  On Financial Services (comments not forwarded to the Secretariat);  4.  On the new language proposed by  Kazakhstan on News Agency Services 
(Limitations on Market Access, Mode 3):  "The commercial presence is allowed only in the form of the juridical person of Kazakhstan".  
  Saudi Arabia did not reject the proceeding with the formal verification of the 
Schedule, provided that all other bilaterally agreed commitments are reflected. 
  On 1 September 2014,  Saudi Arabia forwarded the following comments on 
the Draft Consolidated Services Schedule (WT/ACC/SPEC/KAZ/12) to the 
Secretariat: 
 1.  Under (i) in the Othe r Business services from Mo de 1 and 2:  Services 
Incidental to Manufacturing Regarding (CPC 8845*, 8846*, 8848*, 8851* and 8852), the bilateral agreement is no t totally unbound in Mode 1 and 2. 
I t  r e a d  a s  f o l l o w s :  " ( 1 ) ,  ( 2 )  N o n e  w i t h  r e s p e c t  t o  c o n s u l t i n g  s e r v i c e s ,  otherwise unbound".
2 
  1 September 2014 
(by the Kingdom of Saudi Arabia)  Unless the Kingdom 
of Saudi Arabia provided the Secretariat with additional comments, we consider that we have agreed on the draft Schedule with the KSA. On news agency services, we have provided the KSA with our explanations and have not objected to changes on News Agency services after that. Outstanding. 
 Information not available to the Secretariat.  
                                               
2 Secretariat comment: The bilateral agreemen t on services between Saudi Arabia and K azakhstan contains the language:  "(1), (2)  None with respect to consulting 
services, otherwise unbound" for Modes 1, 2 under (i) in the Other Business services,  Services Incidental to Manufacturing Reg arding (CPC 8845*, 8846*, 8848*, 8851* and 
8852). It shall be reflected in the Consolidated Schedule as the most liberal.    
  WT/ACC/SPEC/KAZ/12/Add.1  
 
- 7 - No. Signatory 
Member  Comments /  Questions raised Date of last 
communication, as 
sent/forwarded to 
the Secretariat Comments from 
the Delegation of 
Kazakhstan Secretariat 
Technical Note 
2.  Under (m) in the Ot her Business Services for Related scientific and 
technical consulting services except for (CPC 86754), Saudi Arabia suggests to introduce the CPC number for these services to be read as follows: "Related Scientific and Technical Consulting Services (CPC 8675) except for (CPC 86754)".
3 
12. Switzerland  Switzerland accepted some modificati ons proposed by the delegation of 
Kazakhstan (not forwarded to the Secretariat).  
  Switzerland expressed no explicit ag reement to the version of the Draft 
Services Schedule sent to it by the de legation Kazakhstan.  Parties agreed to 
meet in person. 
 8 May 2014  
(by Switzerland) Kazakhstan considers 
that Switzerland has accepted its Draft Services Schedule and has no further comments. It has been conveyed in writing as well as in an oral communication by representatives of Switzerland. Switzerland has not raised any questions from the very beginning.   Outstanding. 
 Information not available to the Secretariat.  
13. Chinese 
Taipei  Chinese Taipei had several comments (not forwarded to the Secretariat).  
  Chinese Taipei agreed to the version of the Draft Services Schedule sent to it 
by the Delegation of Kazakhstan (not  forwarded to the Secretariat), but 
reserved the right to make any comments when the Draft Services Schedule is circulated by the Secretariat. 15 January 2014  
(by Chinese Taipei) No comments. Agreed. 
14. Turkey  Turkey had several questions (not forwarded to the Secretariat).  
 
 Kazakhstan provided responses to th e questions (not forwarded to the 
Secretariat). 
 
 Turkey agreed to the version of the Dr aft Services Schedule consolidated by 
the Secretariat in March 2013. 
 
 On 4 August 2014, Turkey forwarded th e following question on the Draft 
Consolidated Services Schedule (WT/ACC/SPEC/KAZ/12) to the Secretariat:  
  4 August 2014  
(by Turkey)  Kazakhstan can 
explain the additional language, which was added because of Japan, who, for the sake of clarity, requested to add this 
language. Japan 
requested to add such language in order to make it clear, that Outstanding. 
 Information not available to the Secretariat.  
                                               
3 Secretariat comment: The number "(CPC 8675**)" can be added as corresponding to the UN CPC.  
  WT/ACC/SPEC/KAZ/12/Add.1  
 
- 8 - No. Signatory 
Member  Comments /  Questions raised Date of last 
communication, as 
sent/forwarded to 
the Secretariat Comments from 
the Delegation of 
Kazakhstan Secretariat 
Technical Note 
On "Recreational, Cultural And Sporti ng Services", part "B. News agency 
services (CPC 962)", on mode 3, the following language was added the Draft Services Schedule consolidated by the Secretariat in March 2013:  "Total foreign participation must not ex ceed 20% of stocks (shares) of the 
juridical person of the Republic of  Kazakhstan owning the mass-media 
entity in Kazakhstan." 
  
"Notwithstanding mentioned above, foreign news agencies could be 
accredited with the Ministry of Foreig n Affairs of the Republic of Kazakhstan 
for a period not exceeding one year, su bject to prolongation on an annual 
basis."   
 
Turkey could not find a need for this addition. It expressed a concern that there could be a "hidden mechanism or authority" for Ministry of Foreign 
Affairs of Kazakhstan (Minister himself or Council of Ministers). notwithstanding the 
requirement to establish a juridical person, foreign news agency perform their activity in the territory of Kazakhstan. 
15. United 
States  The United States and Kazakhstan agreed on the issues of concern to the 
United States (not forwarded to the Se cretariat). Kazakhstan indicated that it 
had corrected the Draft Services Schedule accordingly. 
 
 The United States agreed to the version of the Draft Services Schedule sent 
to it by the Delegation of Kazakhstan  (not forwarded to the Secretariat). 
 
 On 1 August 2014, the United States informed the Secretariat that the 
Consolidated Draft Services Schedule circulated by the Secretariat on 30 July 2014 in document WT/ACC/SPEC/KAZ/12, contained a few changes that had been discussed with Kazakhstan and approved by the United States.  
The United States considered the Draft Services Schedule complete and 
accurate. 1 August 2014  
(by the United States) No comments. Agreed. 
 
 
__________