. /.  RESTRICTED  WORLD TRADE  
ORGANIZATION  S/C/W/336 
2 March 2011 
 (11-1064) 
Council for Trade in Services  Original:   English 
  
 
COMMUNICATION FROM NORWAY 
 
Review of Article II (MFN) Exemptions
 
 
Questions from Norway regarding MFN exemptions  in respect of Maritime Transport Services  
 
 
 The following communication, dated 28 Februa ry 2011, from the delegation of Norway is 
being circulated to the Members of the Council for Trade in Services. 
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1. The Council for Trade in Services is currently co nducting a review of all MFN exemptions as 
mandated by Article II.2 of the GATS and the Annex on Article II Exemptions.    
2. Norway welcomes this opportunity to present sp ecific questions regarding MFN exemptions 
in respect of Maritime Transport Services.  Norway would appreciate receiving answers to these 
questions at the meeting on 9 March if possible, or in writing thereafter. 
I. QUESTIONS TO SPECIFIC MEMBERS 
3. China:   With reference to the MFN exemption on Maritime Transport  (JOB/SERV/29, 
page 91) we would ask China  to specify the countries that may est ablish entities to engage in business 
in China through bilateral agreements (mode 3 pr ivileges).  Furthermore, we would ask China to 
describe the conditions creating the  need for the MFN exemption on cargo sharing provisions in 
bilateral agreements.    
4. Congo, Cote d'Ivoire, Mali, Niger, Senegal:   The MFN exemptions on bulk and specialized 
cargoes (JOB/SERV/29, pages 92, 93, 96, 97, 98)  do not specify to which countries they apply, nor 
the intended duration.  We would like to have a specification of the countries receiving treatment 
"more favorable" than others, and if pos sible, the duration of these exemptions.    
5. Cuba:   Regarding the MFN exemption on freight transportation  (JOB/SERV/29, page 93), we 
would ask Cuba to specify the countries with which su ch bilateral agreements have been entered into, 
the content of the agreements and further inform ation on the conditions creating the need for the 
exemption. 
6. Mali:  The MFN exemption on Maritime Transpor t (JOB/SERV/29, page 96) refers to 
"future" laws, decrees, orders and decisions and seems  to be open ended.  Could you please give more 
information on the scope and the need for this exemption.  
7. Saudi Arabia:   We would ask Saudi Arabia to explain the MFN exemption  (JOB/SERV/29, 
page 97) and why the schedule in this connection states “none” in restrictions. S/C/W/336 
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  8. Tunisia:
  In JOB/SERV/29 (page 100) there is a  description of a measure indicating 
inconsistency with Article II, "1) Right to contro l and take all necessary and appropriate measures 
with respect to foreign maritime tr ansporters whose countries affect Tunisian maritime transport and 
shippers."   Could Tunisia explain the reasoning behind this and the  need for  MFN exemption on 
Maritime Transport?     
9. Venezuela:   The MFN exemption in JOB/SERV/29, page 102 is based on reciprocity.  We 
would appreciate an explanation on how this comply with the basic principle - that a member must 
grant unconditionally to any other members the treatment no less favourable than that  accorded by the 
specific commitments inscribed in its schedule, notwithstanding any MFN exemptions.  We would 
also like to know the reasoning behind this exemption, specification of the countries  receiving 
treatment "more favourable" than others and, if possible, the duration of these exemptions.    
 
 
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