RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/TON/17/Add.2 
WT/MIN(05)/4/Add.2 2 December 2005 
 
(05-5744) 
MINISTERIAL CONFERENCE 
Sixth Session Hong Kong, 13 – 18 December 2005 Original:  English 
 
   
REPORT OF THE WORKING PARTY 
ON THE ACCESSION OF TONGA 
 
Addendum
 
 
Part II - Schedule of Specific Commitments in Services 
List of Article II MFN Exemptions 
 
 As indicated in paragraph 189 of the Report of the Working Party on the Accession of Tonga 
(WT/ACC/TON/17) the Schedule of Specific Commitm ents in Services resulting from the negotiations 
between the Kingdom of Tonga and WTO Members is annexed to the Protocol of Accession of Tonga 
and is reproduced hereunder.  
_______________  
  WT/ACC/TON/17/Add.2
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HORIZONTAL COMMITMENTS 
ALL SECTORS INCLUDED IN THIS 
SCHEDULE  
Taxation Measures  
  
(1) None 
(2) None (3) None 
(4) Unbound  
  
(1) None 
(2) None (3) None 
(4) Unbound  
ALL SECTORS INCLUDED IN THIS 
SCHEDULE  
  
 
  
 
  
 
 
 
  
 
  
 
(4) Unbound except for measures 
affecting the entry and temporary 
stay of  nationals of another member 
who fall into the categories listed below:  
 (1) Unbound with regard to subsidies 
 (2) Unbound with regard to subsidies 
 
(3) Unbound with regard to subsidies  
 Government approval, under the 
Foreign Investment Act, is required for foreign investors to invest into 
the Kingdom 
 
 The Tongan Constitution prohibits 
the sales of land to all foreigners Foreigners can only attain land 
through leasing, with the right to 
lease land for up to 99 years as well as sub-lease property 
 
(4) Unbound except for measures listed 
under Market Access 
 
 Subsidies available to natural 
persons may be limited to Tongan 
citizens   
 WT/ACC/TON/17/Add.2 
WT/MIN(05)/4/Add.2 
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 - Services Salespersons   
 Persons not based in the territory of the 
Kingdom of Tonga and receiving no 
remuneration from a source located within Tonga, who are engaged in activities 
related to representing a services supplier 
for the purpose of negotiating for the sale of the services of that supplier where: 
a) such sales are not directly made to the 
general public and b) the salesperson is not engaged in supplying the service 
Entry for persons named in this section is 
limited to a ninety-day period  
- Intra-corporate Transferees
 
 Managers, executives and specialists, as 
defined below, who are employees of 
firms that provide services through a 
branch, subsidiary or affiliate in Tonga 
and who have been in the prior employ of their firm outside Tonga for a period of 
not less than one year immediately 
preceding the date of their application for admission and who are one of the 
following:  
 (a)  Managers
 
 
Persons within an organization who primarily direct the organization, or a 
department or sub-division of the 
organization, supervise and control the work of other supervisory, professional or 
managerial employees, have the authority 
to hire and fire or recommend hiring or firing other personnel action (such as 
promotion or leave authorization), and 
exercise discretionary authority over 
day-to-day operations.  Does not include    
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first-line supervisors, unless the 
employees supervised are professionals, nor does it include employees who 
primarily perform task  necessary for the 
provision of the service  
(b)  Executives
 
 Persons within the organization who 
primarily direct the management of the 
organization, establish the goals and policies of the organization, exercise wide 
latitude in decision-making, and receive 
only general supervision or direction from higher-level executiv es, the board of 
directors, or stockholders of the business.  
Executives would not directly perform tasks related to the actual provision of a 
service or services of the organization 
 
(c)  Specialists
 
 Persons within an organization who 
possess knowledge at an advanced level of 
continued expertise and who possess proprietary knowledge of the 
organization's services, research 
equipment, techniques or management (specialists may include, but are not 
limited to, members of licensed 
professions.)  Entry for persons named in this section is 
limited to a two-year period, which may 
be renewed  
 
 
  
 WT/ACC/TON/17/Add.2 
WT/MIN(05)/4/Add.2 
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 Personnel Engaged in Establishment   
 
Independent executives being natural 
persons who meet the criteria of 
executives and senior managers who intend, or are responsible for the 
establishment in Tonga, of a new business 
of a service supplier with its head of operations in the territory of another 
Member and which has no other 
representative, branch or subsidiary in Tonga.  Executives would not directly 
perform tasks related to the actual 
provision of a service or services of the organization.  Entry for persons named in 
this section is limited to a two-year period, 
which may be renewed    
SECTOR SPECIFIC COMMITMENTS 
1. BUSINESS SERVICES 
A. Professional Services 
(a) Legal Services  
(CPC 861) (1) None 
(2) None 
(3) None (4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None 
(3) None (4) Unbound except as indicated under 
horizontal commitments  
(b) Accounting, auditing and 
bookkeeping services  (CPC 862) (1) None 
(2) None (3) None 
(4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None (3) None 
(4) Unbound except as indicated under 
horizontal commitments  
(d) Architectural Services  
(CPC 8671) (1) None 
(2) None 
(3) None 
(4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None 
(3) None 
(4) Unbound except as indicated under 
horizontal commitments  
(e) Engineering services  
(CPC 8672) (1) None 
(2) None 
(3) None 
(4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None 
(3) None 
(4) Unbound except as indicated under 
horizontal commitments   
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(f) Integrated engineering services  
(CPC 8673) (1) None 
(2) None (3) None 
(4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None (3) None 
(4) Unbound except as indicated under 
horizontal commitments  
(g) Urban planning and landscape 
architectural services  
(CPC 8674) (1) None 
(2) None 
(3) None 
(4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None 
(3) None 
(4) Unbound except as indicated under 
horizontal commitments  
(h) Medical and dental services  
(CPC 9312) (1) None 
(2) None 
(3) None (4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None 
(3) None (4) Unbound except as indicated under 
horizontal commitments  
(i) Veterinary services  
(CPC 932) (1) None 
(2) None (3) None 
(4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None (3) None 
(4) Unbound except as indicated under 
horizontal commitments  
B. Computer and Related Services 
(a) Consultancy services related to 
installation of computer hardware 
(CPC 841) 
(b) Software implementation services  
(CPC 842) 
(c) Data processing services  
(CPC 843) 
(d) Data base services  
(CPC 844) 
(e) Other  
(CPC 845 + 849) (1) None 
(2) None 
(3) None (4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None 
(3) None (4) Unbound except as indicated under 
horizontal commitments   
 WT/ACC/TON/17/Add.2 
WT/MIN(05)/4/Add.2 
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F. Other Business Services 
(a) Advertising services  
 (CPC 871) (1) None 
(2) None (3) None 
(4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None (3) None 
(4) Unbound except as indicated under 
horizontal commitments  
(c) Management consulting services 
(CPC 865) 
(d) Services related to management 
consulting  
 (CPC 866) (1) None 
(2) None 
(3) None 
(4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None 
(3) None 
(4) Unbound except as indicated under 
horizontal commitments  
(e) Technical testing and analysis 
services  
 (CPC 8676) (r) Printing, publishing 
(CPC 88442) (1) None 
(2) None 
(3) None (4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None 
(3) None (4) Unbound except as indicated under 
horizontal commitments  
2. COMMUNICATION SERVICES 
A. Postal Services 
Consultancy related to the provision of 
Postal Services  
(CPC 7511**) (1) None 
(2) None 
(3) None 
(4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None 
(3) None 
(4) Unbound except as indicated under 
horizontal commitments  
B. Courier Services 
Courier Services  
(CPC 7512) (1) None 
(2) None 
(3) None (4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None 
(3) None (4) Unbound except as indicated under 
horizontal commitments   
  WT/ACC/TON/17/Add.2
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C. Telecommunication Services 
Commitments are taken consistent with "Not es for Scheduling Basic Telecom Services Co mmitments" (S/GBT/W/2/Rev.1) and "Market A ccess Limitations on Spectrum 
Availability”(S/GBT/W/3). 
Basic telecommunications: (a) Voice telephone services  
 (CPC 7521) 
(b) Packet-switched data transmission 
services  
 (CPC 7523**) 
(c) Circuit-switched data transmission 
services   
 (CPC 7523**) 
(d) Telex services   (CPC 7523**) 
(e) Telegraph services  
 (CPC 7522) (f) Facsimile services  
 (CPC 7521**+ 7529**) 
(g) Private leased circuit services  
 (CPC 7522**+7523**) (1) As of 1 January 2008:  None 
(2) As of 1 January 2008:  None 
(3) As of 1 January 2008:  None 
(4) Unbound except as indicated under 
horizontal commitments (1) None 
(2)   None 
(3)   None 
(4)   Unbound except as indicated under 
horizontal commitments Tonga subscribes to the principles set 
forth in the reference paper attached 
 
 
Value-added telecommunications services, including:  (h) Electronic mail  
(CPC 7523**) 
(i) Voice mail  
(CPC 7523**) (1) None 
(2) None (3) None 
(4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None (3) None 
(4) Unbound except as indicated under 
horizontal commitments Tonga subscribes to the principles set 
forth in the reference paper attached  
 
(j) On-line information and data base-
retrieval  
 (CPC 7523**)  (k) Electronic data interchange (EDI)  
 (CPC 7523**) 
(l) Enhanced/value added facsimile 
services, incl. store and forward, 
store and retrieve  
 (7523**) (m) Code and protocol conversion 
(n) On-line information and/or data 
processing (including transaction 
processing)  
 (CPC 843**) (o) Other (1) As of 1 January 2008:  None 
(2) As of 1 January 2008:  None 
(3) As of 1 January 2008:  None (4) Unbound except as indicated under 
horizontal commitments (1) None 
(2)   None 
(3)   None (4)   Unbound except as indicated under 
horizontal commitments Tonga subscribes to the principles set 
forth in the reference paper attached 
   
 WT/ACC/TON/17/Add.2 
WT/MIN(05)/4/Add.2 
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D.  Audiovisual Services 
(a) Motion Picture and video tape 
distribution services (CPC 9611**) to other industries for public 
entertainment, television 
broadcasting, or sale or rental to others
1 
(b) Motion Picture projection service 
 (CPC 9612) 
(c) Radio and television distribution 
services (CPC 9613**)2  
 Broadcasting services for radio and 
television programs are specifically 
excluded  
(d) Sound recording (n.a.) (1)  None 
(2)  None (3) None 
 
  
 
(4) Unbound except as indicated under 
horizontal commitments (1) (2) (3)  None, except unbound for 
support programmes established to preserve or promote the cultural 
identity of Tonga and of countries 
with which Tonga has bilateral and plurilateral agreements now or in the 
future 
(4) Unbound except as indicated under 
horizontal commitments  
3. CONSTRUCTION AND RELATED ENGINEERING SERVICES 
A.  General construction work for 
buildings  
(CPC 512) (1) None 
(2) None 
(3) None 
(4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None 
(3) None 
(4) Unbound except as indicated under 
horizontal commitments  
B.  General construction work for civil 
engineering  (CPC 513) (1) None 
(2) None (3) None 
(4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None (3) None 
(4) Unbound except as indicated under 
horizontal commitments  
C.  Installation and assembly work  
(CPC 514 +516) (1) None 
(2) None 
(3) None 
(4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None 
(3) None 
(4) Unbound except as indicated under 
horizontal commitments  
D.  Building completion and finishing 
work  
(CPC 517) (1) None 
(2) None 
(3) None (4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None 
(3) None (4) Unbound except as indicated under 
horizontal commitments  
                                                      
1 For the purpose of the Schedule, distribution means licensing of motion pictures or videotapes. 
2 For the purpose of the Schedule, distribution means licensing of radio and television programs.  
  WT/ACC/TON/17/Add.2
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E. Other  
(CPC 511 + 515 + 518) (1) None 
(2) None (3) None 
(4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None (3) None 
(4) Unbound except as indicated under 
horizontal commitments  
4.   DISTRIBUTION SERVICES 
A. Commission agent's services  
 (CPC 621) (1)   Unbound 
(2)   Unbound 
(3)   None 
(4)   Unbound except as indicated under 
horizontal commitments (1)   Unbound 
(2)   Unbound 
(3)   None 
(4)   Unbound except as indicated under 
horizontal commitments  
B.   Wholesale trade services  
 (CPC 622) (1)   None 
(2)   None 
(3)   Unbound (4)   Unbound except as indicated under 
horizontal commitments (1)   None 
(2)   None 
(3)   Unbound (4)   Unbound except as indicated under 
horizontal commitments  
C.  Retailing  services  
 (CPC 631 & 632) (1)   None 
(2)   None 
(3)   Unbound 
(4)   Unbound except as indicated under 
horizontal commitments (1)   None3 
(2)   None 
(3)   Unbound 
(4)   Unbound except as indicated under 
horizontal commitments  
D.   Franchising   
 (CPC 8929) (1) None 
(2)   None 
(3)   None (4)   Unbound except as indicated under 
horizontal commitments (1) None 
(2)   None 
(3)   None (4)   Unbound except as indicated under 
horizontal commitments  
5. EDUCATIONAL SERVICES 
A.  Primary education services 
(CPC 921) (1) None 
(2) None (3) None 
(4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None (3) None 
(4) Unbound except as indicated under 
horizontal commitments  
B.  Secondary education services  
(CPC 922) (1) None 
(2) None 
(3) None 
(4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None 
(3) None 
(4) Unbound except as indicated under 
horizontal commitments  
                                                      
3 None for Mode (1) is specifically for th e purpose of E-commerce (Internet use only).   
 WT/ACC/TON/17/Add.2 
WT/MIN(05)/4/Add.2 
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C. Higher education services  
(CPC 923) (1) None 
(2) None (3) None 
(4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None (3) None 
(4) Unbound except as indicated under 
horizontal commitments  
D.  Adult education  
(CPC 924) (1) None 
(2) None 
(3) None 
(4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None 
(3) None 
(4) Unbound except as indicated under 
horizontal commitments  
E.  Other education services  
(CPC 929) (1) None 
(2) None 
(3) None (4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None 
(3) None (4) Unbound except as indicated under 
horizontal commitments  
6.  ENVIRONMENTAL SERVICES 
A.  Sewage services / Waste water 
Services 
(CPC 9401) (1) None  
(2) None 
(3) None 
(4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None 
(3) None 
(4) Unbound except as indicated under 
horizontal commitments  
B.  Refuse disposal service  
(CPC 9402) (1) None 
(2) None 
(3) None (4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None 
(3) None (4) Unbound except as indicated under 
horizontal commitments  
C.  Sanitation and similar services 
(CPC 9403) (1) None 
(2) None (3) None 
(4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None (3) None 
(4) Unbound except as indicated under 
horizontal commitments   
  WT/ACC/TON/17/Add.2
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D.  Other  
- Services to reduce exhaust gases and 
other emissions and improve air 
quality 
 (CPC 9404) - Noise abatement services  
 (CPC 9405) 
- Treatment, remediation of 
contaminated/polluted soil and 
water, Nature and landscape 
protection services  
 (CPC 9406) 
- Other environmental protection 
services not classified elsewhere  
 (CPC 9409) (1) None 
(2) None (3) None 
(4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None (3) None 
(4) Unbound except as indicated under 
horizontal commitments  
7.  FINANCIAL SERVICES 
A.   All insurance and insurance-related services 
(a)   Life insurance services 
(b)   Non-life insurance services  
(c)   Reinsurance and retrocession   (1) None 
(2)   None 
(3)   None 
(4)   Unbound except as indicated under 
horizontal commitments (1) None 
(2)   None 
(3)   None 
(4)   Unbound except as indicated under 
horizontal commitments  
B. Banking and other financial services, (excluding insurance)  
(a)   Acceptance of deposits and other 
repayable funds from the public  
(b)   Lending of all types, including 
consumer credit, mortgage credit, factoring and financing of 
commercial transaction  
(c)   Financial leasing  (d)   All payment and money transmission 
services, including credit, charge and 
debit cards, travellers' cheques and bankers drafts  
(e)   Guarantees and commitments  
(f)   Trading for own account or for 
account of customers, whether on an 
exchange, in an over-the-counter 
market or otherwise, the following: 
 (1) None 
(2) None 
(3) None 
(4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None 
(3) None 
(4) Unbound except as indicated under 
horizontal commitments   
 WT/ACC/TON/17/Add.2 
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-   money market instruments (including 
cheques, bills, certificates of deposits)  
-   foreign exchange 
-   derivative products including, but not 
limited to, futures and options 
-   exchange rate and interest rate 
instruments, including products such as swaps, forward rate agreements 
-   transferable securities 
-   other negotiable instruments and 
financial assets, including bullion. 
(g)   Participation in issues of all kinds of 
securities including underwriting and placement as agent (whether publicly 
or privately) and provision of 
services related to such issues  
(h)   Money broking  
(i)   Asset management, such as cash or 
portfolio management, all forms of 
collective investment management, 
pension fund management, custodial, depository and trust services  
(j)   Settlement and clearing services for 
financial assets including securities, derivative products, and other 
negotiable instruments  
(k)   Advisory, intermediation and other 
auxiliary financial services on all 
activities listed in the subparagraphs 
(a) through (k), including credit reference and analysis, investment 
and portfolio research and advice, 
advice on acquisitions and on corporate restructuring and strategy 
(l)  Provision and transfer of financial 
information, and financial data processing and related software by 
suppliers of other financial services  
  WT/ACC/TON/17/Add.2
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8. HEALTH RELATED AND SOCIAL SERVICES 
A. Hospital services 
(CPC 9311) (1) None 
(2) None (3) None 
(4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None (3) None 
(4) Unbound except as indicated under 
horizontal commitments  
9. TOURISM AND TRAV EL RELATED SERVICES 
A. Hotels and Restaurants  
(including catering)  
(CPC 641-643) (1) None 
(2) None 
(3) None for investment of TOP 200,000 
or more 
(4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None 
(3) None 
 (4) Unbound except as indicated under 
horizontal commitments  
B. Travel Agencies and Tour Operators 
Services  (CPC 7471) (1) None 
(2) None (3) None 
(4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None (3) None 
(4) Unbound except as indicated under 
horizontal commitments  
10. RECREATIONAL, CULTURAL AND SPORTING SERVICES 
 Cinema theatre operation services  
 (part of CPC 96199) (1) Unbound 
(2) None 
(3) None  
(4) Unbound, except as provided in the 
horizontal section (1) Unbound 
(2) Unbound 
(3) None, except for access to subsidies: 
Unbound 
(4) Unbound, except as provided in the 
horizontal section   
 WT/ACC/TON/17/Add.2 
WT/MIN(05)/4/Add.2 
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11. TRANSPORT SERVICES 
A. Maritime Transport Services 
(a) Passenger transportation  
 (CPC 7211) (b) Freight transportation  
 (CPC 7212) 
 (1) Unbound 
(2) Unbound (3) Unbound 
(4) Unbound except as indicated under 
horizontal commitments (1) Unbound 
(2) Unbound (3) Unbound 
(4) Unbound except as indicated under 
horizontal commitments Where not otherwise made available to the 
international maritime  transport suppliers 
pursuant to Article XXVIII (c) (ii), no 
measures shall be applied which deny 
reasonable and non-discriminatory access to the following services: 
 
1. Towing and tug assistance 2. Provisioning, fuelling and watering 
3. Garbage collecting and ballast waste 
disposal 
4. Emergency repair facilities 
5. Lightering and water taxi services 
6. Ship agencies 7. Custom brokers 
8. Stevedoring and terminal services 
9. Surveying and clas sification services 
 
Where road, rail, inland waterways and related auxiliary services are not otherwise 
fully covered in this schedule, a 
multimodal transport operator shall have the ability to rent or lease trucks, railway 
carriages or barges, and related equipment 
for multimodal activities on reasonable and non-discriminatory terms and 
conditions for the purpose of carrying out 
multimodal transport operations.  "Non discriminatory terms and conditions" 
mean, for the purpose of this additional 
commitment, the ability of the multimodal transport operator to arrange for the 
conveyance of its me rchandise on a timely 
basis, including priority over other multimodal transport operator 
merchandise which has entered the port at 
a later date  
  WT/ACC/TON/17/Add.2
 WT/MIN(05)/4/Add.2
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C. Air Transport Services 
(d) Maintenance and repair of aircraft  
(CPC 8868), as defined in paragraph 6(a) of the Annex on Air 
Transport Services 
 (1) None 
(2) None (3) None 
(4) Unbound except as indicated under 
horizontal commitments (1) None  
(2) None (3) None 
(4) Unbound except as indicated under 
horizontal commitments  
 Computer reservation system 
services, as defined in paragraph 6(c) 
of the Annex on Air Transport (CRS) (1) None 
(2) None 
(3) None 
(4) Unbound except as indicated under 
horizontal commitments (1) None  
(2) None 
(3) None 
(4) Unbound except as indicated under 
horizontal commitments  
(e) Supporting services for air transport  
(CPC 746) (1) None 
(2) None 
(3) None (4) Unbound except as indicated under 
horizontal commitments (1) None  
(2) None 
(3) None (4) Unbound except as indicated under 
horizontal commitments  
H. Services auxiliary to all modes of transport  
(a) Cargo-handling service excluding 
maritime services  
(CPC 741) (1) None  
(2) None 
(3) None 
(4) Unbound except as indicated under 
horizontal commitments (1) None  
(2) None 
(3) None 
(4) Unbound except as indicated under 
horizontal commitments  
(b) Storage and warehouse service 
excluding maritime services  
(CPC 742) (1) None  
(2) None 
(3) None (4) Unbound except as indicated under 
horizontal commitments (1) None  
(2) None 
(3) None (4) Unbound except as indicated under 
horizontal commitments  
(c) Freight transport agency services 
(CPC 748) (1) None 
(2) None (3) None 
(4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None (3) None 
(4) Unbound except as indicated under 
horizontal commitments  
(d) Other  
(CPC 749) (1) None 
(2) None 
(3) None 
(4) Unbound except as indicated under 
horizontal commitments (1) None 
(2) None 
(3) None 
(4) Unbound except as indicated under 
horizontal commitments  WT/ACC/TON/17/Add.2 
WT/MIN(05)/4/Add.2 Page 18 
 
 
 REFERENCE PAPER
 
Scope  
The following are definitions and principles on the regulatory framework for the basic 
telecommunications services. 
Definitions  
Users  mean service consumers and service suppliers. 
Essential facilities  mean facilities of a public telecommunica tions transport network or service that: 
 (a) are exclusively or predominantly provide d by a single or limited number of suppliers;  
 (b) cannot feasibly be economically or technically substituted in order to provide a service. 
A major supplier  is a supplier which has the ability to mate rially affect the terms of participation 
(having regard to price and supply) in relevant  market for basic telecommunications services as a 
result of: 
 (a) control over essential facilities; or 
 (b) use of its position in the market. 
1.   Competitive safeguards  
1.1.  Prevention of anti-competitive practices in telecommunications  
Appropriate measures shall be maintained for th e purpose of preventing suppliers who, alone or 
together, are a major supplier from engaging in  or continuing anti-competitive practices. 
1.2.   Safeguards  
The anti-competitive practices referred to above shall include in particular: 
 (a) engaging in anti-competitive cross-subsidization; 
 (b) using information obtained from comp etitors with anti-competitive results; and 
 (c) not making available to other services s uppliers on timely basis technical information 
about essential facilities and commercially rele vant information which are necessary for 
them to provide services. 
2.   Interconnection  
2.1.   This section applies to linking with supp liers, providing public telecommunications transport 
networks or services in order to allow the users of  one supplier to communicate with users of another 
supplier and to access services provided by anot her supplier, where specific commitments are 
undertaken.  WT/ACC/TON/17/Add.2 
 WT/MIN(05)/4/Add.2  Page 19 
 
 
 2.2.   Interconnection to be ensured
 
Interconnection with a major supplier will be ensured at  any technically feasible point in the network.  
Such interconnection is provided: 
 (a) under non-discriminatory terms, cond itions (incl. technical standards and 
specifications) and rates and of a quality no less favourable than that provided for its 
own like services or for like services of non- affiliated service suppliers or for its 
subsidiaries or other affiliates; 
 (b) in a timely fashion, on terms, conditions  (incl. technical standards and specifications) 
and cost-oriented rates that are transparen t, reasonable, having regard to economic 
feasibility, and sufficiently unbundled so th at the supplier need not pay for network 
components or facilities that it does not require for the service to be provided; and 
 (c) upon request, at points in addition to th e network termination points offered to the 
majority of users, subject to charges that reflect the cost of construction of necessary 
additional facilities. 
2.3.  Public availability of the pr ocedures for interconnection negotiations  
The procedures applicable for interconnection to a major supplier will be made publicly available. 
2.4.   Transparency of interconnection arrangements  
It is ensured that a major supplier will make public ly available either its interconnection agreements 
or a reference interconnection offer. 
2.5.   Interconnection: dispute settlement  
A service supplier requesting interconnection with  a major supplier will have recourse, either: 
 (a) at any time or 
 (b) after a reasonable period of time whic h has been made publicly known to an 
independent domestic body, which may be a re gulatory body as referred to in paragraph 
5 below, to resolve disputes regarding a ppropriate terms, conditions and rates for 
interconnection within a reasonable period of time, to the extent that these have not 
been established previously. 
3.   Universal service  
Any Member has the right to define the kind of uni versal service obligation it wishes to maintain.  
Such obligations will not be  regarded as anti-competitive per se , provided they are administered in a 
transparent, non-discriminatory and competitively ne utral manner and are not more burdensome than 
necessary for the kind of universal service defined by the Member. WT/ACC/TON/17/Add.2 
WT/MIN(05)/4/Add.2 Page 20 
 
 
 4.   Public availability of licensing criteria
 
Where a licence is required, the following will be made publicly available: 
 (a) all the licensing criteria and the period of time normally required to reach a decision 
concerning an application for a licence; and 
 (b) the terms and conditio ns of individual licenses. 
The reasons for the denial of a licence will be  made known to the applicant upon request. 
5.   Independent regulators  
The regulatory body is separate from, and not accountable to, any supplier of basic 
telecommunications services.  The decisions of and the procedures used by regulators shall be 
impartial with respect to all market participants. 
6.   Allocation and use of scarce resources  
Any procedures for the allocation and use of scarce  resources, including frequencies, numbers and 
rights of way, will be carried out in an objective,  timely, transparent and non-discriminatory manner.  
The current state of allocated frequency bands will be made publicly available, but detailed 
identification of frequencies allocated for specific government uses is not required. 
 
  
  WT/ACC/TON/17/Add.2
 WT/MIN(05)/4/Add.2
 Page 21List of Article II (MFN ) Exemptions of Tonga  
 
Sector or sub-sector Description of measure indicating its 
inconsistency with Article II Countries to which the 
measure applies Intended duration Conditions creating the  
need for the exemption 
Audiovisual services  Production and distribution of 
television programmes and 
cinematographic works Measures based upon co-production 
agreements of audiovisual works, which 
confer National Treatment to audiovisual 
works covered by such agreements. Countries with which such 
bilateral or plurilateral 
agreements are in force, now 
or in the future  Indefinite 
 The aim of these agreements is 
to promote cultural links 
between the countries concerned  
Audiovisual Services  
 Production and distribution of 
television programmes and 
cinematographic works Measures granting the benefit of support 
programmes to audiovisual works, and 
suppliers of such works meeting origin 
criteria. Countries with which bilateral 
and plurilateral agreements are 
in force, now or in the 
future, in the area of cultural 
cooperation.  Indefinite 
 These programmes aim at 
preserving and promoting the 
cultural identity of countries 
with which Tonga has a long-
standing cultural links 
Audiovisual services 
 Production and distribution of 
audiovisual works through 
broadcasting transmission to the 
public Measures which extend National 
Treatment to audiovisual works which meet certain origin criteria regarding 
access to  broadcasting transmission. Countries with which bilateral 
or plurilateral agreements are in force, now or in the future, 
in the area of cultural 
cooperation. Indefinite 
 These measures aim, within the 
sector, to promote cultural values both within Tonga, and 
with other countries, including 
in the region 
 
 
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