RESTRICTED  WORLD TRADE  
ORGANIZATION  TN/S/O/IND/Rev.1* 
24 August 2005 
 (05-3745) 
Council for Trade in Services 
Special Session Original:   English 
 
 
 
INDIA 
 
Revised Offer  
 
  The following revised offer has been r eceived from the delegation of India on 
12 August 2005, with the request that it be circul ated to the Members of the Council for Trade in 
Services. 
 
_______________ 
 
 
1. India hereby submits its Revised Conditional Offer under the ongoing negotiations on Trade 
in Services under Article XIX of the General Agr eement on Trade in Services and pursuant to the 
decision adopted by the General Council on 1 August 2004 and the recommendations attached 
thereto.  
2. This revised offer is conditional on other WT O Members making substantive and satisfactory 
offers in sectors and modes of supply where India ha s indicated its interests.  India reserves the right 
to withdraw, modify or reduce any part of this o ffer and any subsequent condi tional offers that could 
follow, in whole or in part, at any time on or prior to the conclusion of the current Services Negotiations if offers made by I ndia’s negotiating partners are not satisfactory. India further reserves 
the right to make any technical amendments or co rrections to this revised conditional offer and any 
subsequent conditional offer that could follow.  
3. This offer is also conditional on the outcome of the negotiations underway on the 
development of disciplines on domestic regulations. 
4. To the extent possible, the individual sectors and sub-sectors are identified in accordance with 
the Services Sectoral Classification List (M TN.GNS/W/120) and the corresponding UN Provisional 
CPC numbers.  
1. Specific Commitments 
5. Building further on the improvements in the in itial offer, India has offered to undertake 
extensive commitments in a number of new sectors/ sub-sectors including architectural, integrated 
engineering and urban planning and landscape servi ces; veterinary services; environmental services; 
distribution services; construction and related engineering services ; tourism services; educational 
services; life insurance services; services auxiliary to insurance; recreational, cultural and sporting 
services and air-transport services . New commitments have also been  offered in cross border supply 
                                                      
 * This document (with an asterisk in the document symbol) repla ces an earlier version (wit hout an asterisk). The 
present document contains the shading of relevant parts of the text which was erroneously  omitted from its earlier paper 
version (English version only). 
 TN/S/O/IND/Rev.1 
Page 2  
 
in a large range of other business services; professional services; research and development services; rental and leasing services; real-estate services; etc.
 
6. Improvements have also been made in the existing commitments in a number of sectors 
including engineering services; computer and related services; research and development services; basic telecommunications; value added telecommuni cations; construction a nd related engineering 
services, banking services, asset management services and other non-banking financial services. 
7. India had already made a substantial mode 4 in itial offer by including all the categories of 
natural persons like intra-corporate transferees, business visitors, contractual service suppliers and 
independent professionals. Further im provements have been made in the sectoral coverage of both the 
contractual service suppliers and independent professionals and the de finition and parameters of all 
these categories have been brought in line with the common categories paper submitted by a number 
of members including India.   
  TN/S/O/IND/Rev.1
 Page 3INDIA – SCHEDULE OF SPECIFIC COMMITMENTS 
Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
I. HORIZONTAL COMMITMENTS   
ALL SECTORS 
INCLUDED IN THIS 
SCHEDULE   3) In case of collaboration with public sector 
enterprises or government undertakings as joint 
venture partners, preference in access will be given to foreign service suppliers/entities which 
offer the best terms for transfer of technology. 
  
 3) and 4): Access to Scheduled areas and Tribal 
areas covered under the V and VI Schedule of 
the Constitution of India may be denied.    3) Acquisition of shares in Indian compani es 
would be subject to FIPB approval.  
3) Repatriation of sale proceeds of immovable 
property is subject to prior approval of RBI.  
3) Taxation laws fo r domestic and foreign 
service suppliers, as per the provisions of the 
Income tax Act, 1961, shall apply. 
3) Subsidies, where granted, shall be available 
only to domestic service suppliers. 
  
  3) and 4): Special treatment may be provided to 
Scheduled Castes, Scheduled Tribes and 
weaker sections of society, as laid down in the 
Constitution of India as well as  various 
legislation.   
3) and 4): Access to Scheduled areas and Tribal 
areas covered under the V and VI Schedule of 
the Constitution of India may be denied.    
   
 TN/S/O/IND/Rev.1 
Page 4 Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 4) Unbound except for measures affecting the 
entry and temporary stay of Natural Persons 
who fall in any of the following categories:  
 
 None for the following categories:   
(a) Business visitors  
Persons who visit India temporarily  for the 
purposes specified in (i) and (ii) below and 
who will not receive remuneration from within 
India : 
 
(i) for bus iness negotiations, or  For the sale 
of services or entering into agreements 
for such sales for that services supplier 
(Service Seller) and/or 
(ii) for preparatory work for establishing a 
commercial presence in India .   
Employees of a juridical person for the 
purpose of setting up a commercial 
presence of that juridical person in India. 
 
Access is subject to th e condition that :   
• Representatives of such services 
suppliers or employees of such 
juridical persons will not be 
engaged in making direct sales to 
the general public or in supplying 
services themselves  
• Will not receive any remuneration 
from a source located within India. 
• Entry for persons in this category 
shall be for a period of not more than 
90 180 days. 
 4) Unbound except for measures referred to under 
Market Access.  
 
 None, except for the requirement for the 
requisite visa, and the conditions attached to 
entry and temporary stay under such a visa, 
namely: (i) possession of requisite 
educational qualifications or work 
experience; (ii) fulfilment of  specific 
requirements regarding information in 
support of the application; (iii) proof of 
contract.  
 None, except for requirement of requisite visa 
and the conditions attached to entry and 
temporary stay under such a visa for each of 
the categories specified in the Market Access 
column including:  
 For all categories:  fulfilment of specific 
requirements regarding information in 
support of the application and required 
documentation 
 For categories (c ) and (d):   
• Proof of Contract 
• Possession of requisite educational 
and professional qualifications 
relevant to the service to be provided 
including work experience    
  TN/S/O/IND/Rev.1
 Page 5Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 (b) Intra-corporate transferees  
 At the level of Managers, Executives and 
Specialists  Specific categories of employees 
listed below  who have been  are in the 
employment of a juridical person of another 
Member for a period no t less than one year 
prior to the date of application for entry into 
India and are being transferred temporarily  to 
a branch or a representative office or a 
juridical person owned or controlled by the 
aforesaid juridical person in the context of 
provision of a service in India.    
 (i) Managers are: 
 Persons who direct a branch office or one 
or more departments as their head, or 
supervise or control the work of other supervisory, professional or managerial 
personnel and have the authority to 
appoint or remove the personnel and powers to exercise discretionary authority 
over day-to-day operations. 
   
 (ii) Executives are: 
 Persons who are in senior positions within 
a juridical person including a branch who 
primarily direct the management, have 
wide decision-maki ng powers and are 
either members of the board of directors or 
receive directions from the board or the 
general body of shareholders. 
    
 TN/S/O/IND/Rev.1 
Page 6 Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 (iii)Specialists are: 
 Persons who possess high qualifications 
and knowledge at an advanced level 
relevant to the organization's activities or of the organization's research, equipment, 
techniques or management and may 
include persons who are members of accredited professional bodies.  
Entry for persons in the above categories shall 
be for a maximum period of five years.    
 (c)  Professionals  
 
 Natural persons to be engaged by a juridical 
person in India as part of a services contract 
for rendering professional services for which 
he/she poss ess the necessary academic 
credentials and professional qualifications 
with three years experience in the field of 
physical sciences, engineering or other natural 
sciences.  
 
 Entry and stay in this category shall be for a 
maximum period of one year extenda ble with 
permission for a maximum of three months.  
    
  TN/S/O/IND/Rev.1
 Page 7Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 (c) Contractual Service Suppliers – Employees 
of juridical persons 
 
 (i) Employees of a foreign based company 
or partnership who travel to India 
temporarily for short periods of stay of 
(1) up to one year in order to perform a 
service pursuant to a contract between 
their employer and a client(s) located in 
India where the employer does not 
have an affiliate office and where 
remuneration must be paid solely to the employer and (2)
 
(ii) Employees of a foreign based company 
or partnership who travel to India 
temporarily  for short periods of stay of  
up to one year in order to fulfil qualification and licensing 
requirements where presence in India 
is an essential condition for the fulfilment of these requirements. 
    
 TN/S/O/IND/Rev.1 
Page 8 Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
  The service contract ha s to be obtained in 
one of the sectors listed below and subject 
to additional conditions mentioned in the 
sub-sector : 
- Engineering Services 
- Integrated Engineering Services 
- Architectural Services 
- Urban Planning and landscape 
Architectural Services 
- Computer and Related Services 
- R & D Services 
- Management Consulting Services 
(excluding all services relating to legal 
consultancy) 
- Services related to Management 
consulting (excluding all services 
relating to legal consultancy) 
- Hotel and Restaurant services  
- Travel agency and tour operator 
services 
-  Tourist guides Services    
 Access shall be available under this 
category only in the specific service sector 
in which contract has been entered into and 
employees should have appropriate 
educational and professional qualifications 
relevant to the services  to be provided.   
 
Access may be denied in the case of 
juridical persons where  the provision of 
services by foreign service providers is the 
subject of labour -management dispute.  
    
  TN/S/O/IND/Rev.1
 Page 9Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 (d) Independent professionals :  
 
(i) Natural persons who travel to India 
temporarily for short periods of stay, (1) 
up to twelve months with permission for 
extending for a maximum of three 
months  in order to perform a service 
pursuant to a contract(s) between them 
and a client(s) located in India for 
which he or she possesses the necessary 
academic credentials and qualifications and has obtained, wherever necessary, 
registration with the professional body  
and remuneration is to be paid solely to  
the natural person; and (2)  
(ii) Natural persons who travel to India 
temporarily  for short periods of stay, up 
to twelve months in order to fulfil 
qualification and licensing 
requirements, where presence in India 
is an essential condition for the 
fulfilment of these requirements. 
 
The service contract ha s to be obtained in 
one of the sectors listed below and subject 
to additional conditions mentioned in the 
sub-sector : - Accounting and Book-keeping services 
- Engineering Services 
- Integrated Engineering Services 
- Architectural Services 
- Urban Planning and landscape 
Architectural Services 
- Computer and Related Services    
 TN/S/O/IND/Rev.1 
Page 10 Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 - R & D Services 
- Management Consulting Services 
(excluding all services relating to legal 
consultancy) 
- Services related to Management 
consulting (excluding all services 
relating to legal consultancy) 
- Hotel and Restaurant services  
- Travel agency and tour operator 
services 
- Tourist Guides Services 
 
Access shall be available under this 
category only in the specific service sector 
in which contract has been entered into. 
    
  TN/S/O/IND/Rev.1
 Page 11Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
II. SECTOR – SPECIFIC COMMITMENTS   
1. BUSINESS 
SERVICES 
 
A. Professional Services  
    
(b) Accounting  and Book 
Keeping Services 
(CPC 862) 
  (excluding Auditing 
Services) 
 1) None 
2) None 
3) Unbound    
4) Unbound except as in the horizontal 
commitments  section  and further subject to 
the following:  
(a) Access limited to Business Visitors and 
Independent Professionals only.  
 
 1) None 
2) None 
3) Unbound   
4) Unbound except as in the horizontal 
commitments  section  and further subject to 
the requirement of obtaining professional 
indemnity insurance from home country of 
service provider . following:  
 
(a) Access limited to Business Visitors and 
Independent Professionals only.  
(b) requirement of obtaining professional 
indemnity insurance from home  country of 
service provider  
  
(d)  Architectural 
services(CPC 8671) 
 
 1) None 
2) None 
3) None except that the establishment would be 
only through incorporation as partnership 
firm constituted by Architects and subject to 
the condition that in the case of foreign 
investors having prior collaboration in that 
specific service sector in India, FIPB 
approval would be required. 
 
4) Unbound except as in the horizontal section 
 1) None 
2) None  
3) None 
 
  
 
  
 
4) Unbound except as in the horizontal section    
 TN/S/O/IND/Rev.1 
Page 12 Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 
(e) Engineering Services 
 (CPC 8672)  
1) Unbound  None  
2) Unbound  None 
3) None except that the establishment would be 
only through incorporation with a foreign 
equity ceiling of 51 per cent  and subject to the 
condition that in the case of foreign investors 
having prior collaboration in that specific 
service sector in India, FIPB approval would 
be required. 
4) Unbound except as indicated in the horizontal 
section 
  
1) Unbound  None 
2) Unbound  None   
3) None  
 
  
 
 
4) Unbound except as indicated in the horizontal 
section  
(f) Integrated engineering 
services (CPC 8673) 
 1) None 
2) None 
3) None except that the establishment would be 
only through incorporation and subject to 
the condition that in the case of foreign 
investors having prior collaboration in that 
specific service sector in India, FIPB 
approval would be required. 
4) Unbound except as in the horizontal section 
 1) None 
2) None  
3) None   
 
 
 
4) Unbound except as in the horizontal section  
(g) Urban planning and 
landscape 
architectural services 
(CPC 8674) 1) None 
2) None 
3) None except that the establishment would be 
only through incorporation as partnership 
firm constituted by Architects and subject to 
the condition that in the case of foreign 
investors having prior collaboration in that 
specific service sector in India, FIPB 
approval would be required. 
4) Unbound except as in the horizontal section 
 1) None 
2) None  
3) None 
 
  
 
  
4) Unbound except as in the horizontal section    
  TN/S/O/IND/Rev.1
 Page 13Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
(h) Medical and Dental 
Services (CPC 9312) 
 
(j) Services provided by 
Midwives, Nurses, 
Phys iotherapists and 
para -medical 
personnel 
(CPC  93191) 
 1)  None for provision of services on provider to 
provider basis such that the transaction is 
between established medical institutions 
covering areas of second opinion to help in diagnosis of cases or in the field of research.  
2) None 
3) Only through incorpor ation with a foreign 
equity ceiling of 74 p er cent subject to the 
condition that the latest technology for 
treatment will be brough t in and subject to 
the condition that  in the case of foreign 
investors having prior collaboration in that specific service sector in India, FIPB 
approval would be required. 
4) Unbound except as indicated in the 
horizontal section.  None for charitable 
purposes 
 1) None 
 
 
  
2) None 
3) Publicly funded services may be available 
only to Indian citizens or may be supplied 
at differential prices to persons other than 
Indian citizens. 
 
  
 
4) Unbound except as indicated in the 
horizontal section 
  
(i) Veterinary services 
(CPC 932) 1) None 
2) None 
3) None except that in the case of foreign 
investors having prior collaboration in that 
specific service sector in India, FIPB 
approval would be required. 
4) Unbound except as in the horizontal 
commitments  section  
 1)  None 
2)   None 
3) None 
  
 
4) Unbound except as in the horizontal 
commitme nts section  
   
 TN/S/O/IND/Rev.1 
Page 14 Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
(j) Services provided by 
Midwives, Nurses, 
Physiotherapists and 
para-medical personnel 
(CPC 93191) 
  
 1) None for provision of services on provider to 
provider basis such that the transaction is 
between established medical institutions 
covering areas of second opinion to help in diagnosis of cases or in the field of research.  
2) None 
3) Only through incorporation with a foreign 
equity ceiling of 74 p er cent subject to the 
condition that the latest technology for 
treatment will be brought in  and subject to 
the condition that  in the case of foreign 
investors having prior collaboration in that specific service sector in India, FIPB 
approval would be required. 
      4) Unbound except as indicated in the 
horizontal section 
 1) None 
 
 
  
2) None 
3) Publicly funded services may be available 
only to Indian citizens or may be supplied 
at differential prices to persons other than 
Indian citizens.   
 
 
 
  
4) Unbound except as indicated in the 
horizontal section 
   
  TN/S/O/IND/Rev.1
 Page 15Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
B. Computer and 
Related Services 
(CPC 84)  
 
(a) Consult ancy services 
related to the 
installation of computer 
hardware (CPC 841)  
(b) Software 
implementation 
services (CPC 842)  
(c) Data processing 
services (CPC 843)  
(d) Database services 
(CPC  844) 
(e) Maintenance and repair 
services of office 
machinery and 
equip ment including 
computers (CPC 845)  
 1) Unbound  None 
2) Unbound  None  
3) None except that the establishment would be 
only through incorporation.  
      with a foreign equity ceiling of 51% 74 per 
cent and subject to the condition that  in the 
case of foreign inve stors having prior 
collaboration in that specific service sector in 
India, FIPB approval would be required.  
4) Unbound except as indicated in the horizontal 
section 
 1) Unbound  None 
2) Unbound  None  
3) None 
  
 
  
 
4) Unbound except as indicated in the horizontal 
section  
C. Research and 
Development Services  
 
(a) R&D services on the 
following natural 
sciences only: 
 
 Heat, light, 
electromagnetism, 
astronomy, but excluding atomic 
energy and related 
matters (CPC 85101)   
 
 
1) Unbound       2) Unbound*       
3) None except that the establishment would be  
only through incorporation with a foreign 
equity ceiling of 51 per cent  and further  
subject to the condition that in the case of 
foreign investors having prior collaboration in that specific service sector in India, FIPB 
approval would be required. 
4) Unbound except as indicated in the horizontal 
section  
 
 
1) Unbound       2) Unbound*      
3) None 
  
 
  
 
4) Unbound except as indicated in the horizontal 
section   
 TN/S/O/IND/Rev.1 
Page 16 Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
Engineering and 
technology, including 
applied science and 
technology for casting, metal, machinery, 
electricity, 
communications, vessels, aircrafts, civil 
engineering, 
construction, 
information, etc. 
(CPC 85103)     
R&D services in 
Agricultural Sciences 
(CPC 85104) 
 1) None 
2)  Unbound   
3)  Unbound  
4)  Unbound except as in the horizontal section  1) None 
2)  Unbound   
3)  Unbound 
4) Unbound except as in the horizontal section  
(b) R&D services on 
social sciences and 
humanities (CPC 852) 
 1) None 
2)  None 
3)  None 
4)  Unbound except as in the horizontal section  1) None 
2) None 
3)  None 
4) Unbound except as in the horizontal section  
D. Real Estate Services  
 
(b) on a fee or contract 
basis (CPC 822) 
  
 
1)  None 
2)  None 
3) None for Consultancy Services, subject to 
FIPB approval and also subject to the 
condition that in the case of foreign 
investors having prior collaboration in that 
specific service sector in India, FIPB 
approval would be required 
4) Unbound except as in the horizontal section   
 
1) None 
2) None 
3) None  
 
  
 
4) Unbound except as in the horizontal section   
  
 
  
 
   
  TN/S/O/IND/Rev.1
 Page 17Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
E. Rental/Leasing Services 
(without operators ) 
    
(a) Rental/ leasing 
services without 
operators relating to 
ships  
 (CPC 83103) 
(excluding the services 
of actual international 
transport of Cargo) 
 1)  None  
2)  None  
3) None subject to the condition that in the 
case of foreign investors having prior 
collaboration in that specific service sector 
in India, FIPB approval would be 
required. 
4)  Unbound except as in the horizontal 
section 1)  None 
2)  None  
3) None, except that  prescribed minimum 
capitalisation norms must  be adhered to.   
 
 
4)  Unbound except as in the horizontal section  
(b) Rental/ leasing 
services without 
operators relating to 
aircraft   
 (CPC 83104) 
 1) None 
2) None 
3)  None subject to the condition that in the 
case of foreign investors having prior 
collaboration in that specific service sector 
in India, FIPB approval would be 
required. 
4) Unbound except as in the horizontal 
seciton 1)  None 
2)  None 
3) None, except that  prescribed minimum 
capitalisation norms must  be adhered to.   
 
 
 
4)  Unbound except as in the horizontal section  
(c) Rental/ leasing 
services without 
operators relating to 
other transport 
equipment (CPC 
83101 + 83102 + 
83105) (excluding 
Railroad Transport & 
Multimodal 
Transport)  
 1)  Unbound 
2)  Unbound 
3)  None subject to the condition that in the 
case of foreign investors having prior 
collaboration in that specific service sector 
in India, FIPB approval would be 
required. 
4)  Unbound except as in the horizontal 
section 1)  Unbound 
2)  Unbound 
3)  None, except that  prescribed minimum 
capitalisation norms mu st be adhered to.  
 
 
 
4)  Unbound except as in the horizontal section   
 TN/S/O/IND/Rev.1 
Page 18 Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
(d)  Rental/ leasing 
services without 
operators relating to 
other machinery and 
equipment (CPC 
83106 –83109) 1) Unbound 
2)  Unbound 
3)  None  
 
4)  Unbound except as in the horizontal 
section 1) Unbound 
2)  Unbound 
3)  None, except that  prescribed minimum 
capitalisation norms must  be adhered to.   
 
4)  Unbound except as in the horizontal section  
(e) Rental/ leasing services 
concerning personal 
and household goods 
(CPC832) 
 1)  Unbound 
2) Unbound 
3) None, subject to collaboration with Indian 
partner and also the condition that in the 
case of foreign investors having prior 
collaboration in that specific service sector 
in India, FIPB approval would be 
required. 
4)  Unbound except as in the horizontal 
section 
 1)  Unbound 
2) Unbound 
3) None, except that  prescribed minimum 
capitalisation norms mu st be adhered to. 
 
 
 
4) Unbound except as in the horizontal section  
F. Other Business 
Services     
(c)  Management 
consulting services 
excluding all services 
relating to legal 
consultancy (CPC 
86501**, 86502**, 
86503**, 86505**, 
86506**, 86509**) 
 1) None 
2) None 
3)  None subject to the condition that  in the 
case of foreign investors having prior 
collaboration in that specific service sector 
in India, FIPB approval would be 
required. 
4) Unbound except as in the horizontal 
section 
 1)  None 
2) None 
3) None 
 
   
4) Unbound except as in the horizontal 
section   
  TN/S/O/IND/Rev.1
 Page 19Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
(d) Services related to 
management 
consulting (CPC 
86601) 
 1)  None 
2) None 
3) None subject to the condition that in the 
case of foreign investors having prior 
collaboration in that specific service sector 
in India, FIPB approval would be 
required. 
4) Unbound except as in the horizontal 
section 1)  None 
2) None 
3) None 
 
 
 
 
4)  Unbound except as in the horizontal 
section 
  
 
(e) Technical testing and 
analysis services 
(CPC 8676) 1) Unbound  None 
2) Unbound  None 
3) None except that establishment would be  
only through incorporation with a  foreign 
equity ceiling of 51 per cent  and subject to 
the condition that in the case of foreign 
investors having prior collaboration in that specific service sector in India, FIPB 
approval would be required. 
4) Unbound except as indicated in the horizontal 
section 
 1) Unbound  None  
2) Unbound  None  
3) None 
  
 
  
 
4) Unbound except as indicated in the horizontal 
section  
(g)  Services incidental to 
fishing (CPC 882) 
 1)  None 
2)  None 
3) None subject to the condition that in the 
case of foreign investors having prior 
collaboration in that specific service sector 
in India, FIPB approval would be 
required. 
4)  Unbound except as in the horizontal 
section 
 1)  None 
2) None 
3)  None   
 
 
4) Unbound except as in the horizontal 
section   
 TN/S/O/IND/Rev.1 
Page 20 Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
(j)  Services incidental to 
energy distribution ( 
CPC 887 ** excluding 
energy trading and 
load dispatch 
functions) 
 1)  None  
2)  None 
3)  None, subject to the condition that in the 
case of foreign investors having prior 
collaboration in that specific service sector 
in India, FIPB approval would be 
required. 
4)  Unbound except as in the horizontal 
section 
 1) None  
2) None 
3) None    
 
 
4)  Unbound except as in the horizontal 
section  
(k) Placement and supply 
services of Personnel 
(CPC 872) 
 1)  None 
2) None 
3) None subject to the condition that in the 
case of foreign investors having prior 
collaboration in that specific service sector 
in India, FIPB approval would be 
required. 
4) Unbound except as in the horizontal 
section 1) None  
2) None 
3)  None    
 
 
4)  Unbound except as in the horizontal 
section  
(n) Maintenance and 
repair of equipment 
(not including 
maritime vessels, 
aircraft or other 
transport equipment) 
(CPC 633)  
 1) None 
2)  None 
3)  None subject to the condition that in the 
case of foreign investors having prior 
collaboration in that specific service sector 
in India, FIPB approval would be 
required. 
4) Unbound except as in the horizontal 
section 1)  None 
2) None 
3) None    
 
 
4) Unbound except as in the horizontal 
section  
(o)  Building-cleaning 
services  
 (CPC 874) 
 1) None 
2)  None 
3)  None subject to the condition that in the 
case of foreign investors having prior 
collaboration in that specific service sector 
in India, FIPB approval would be 
required. 
4) Unbound except as in the horizontal 
section 1)  None 
2)  None 
3)  None   
 
 
4)  Unbound except as in the horizontal 
section   
  TN/S/O/IND/Rev.1
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(q) Packaging Services 
       (CPC 876) 1) None 
2) None 
3)  None subject to the condition that in the 
case of foreign investors having prior 
collaboration in that specific service sector 
in India, FIPB approval would be 
required. 
4)  Unbound except as in the horizontal 
section 1)  None 
2) None 
3)  None 
  
 
 
4) Unbound except as in the horizontal 
section  
(s) Convention services  
 (CPC 87909*) 
 1)  None 
2)  None 
3)  None subject to the condition that in the 
case of foreign investors having prior 
collaboration in that specific service sector 
in India, FIPB approval would be 
required. 
4)  Unbound except as in the horizontal 
section 
 1) None 
2)  None 
3)  None 
 
  
 
4)  Unbound except as in the horizontal 
section  
(t)  Specialty design 
services  
 (CPC 87907*) 
 1) None 
2) None 
3) None except that the establishment would 
be only through incorporation as 
partnership firm constituted by Architects 
and subject to the condition that in the 
case of foreign investors having prior 
collaboration in that specific service sector 
in India, FIPB approval would be 
required. 
4) Unbound except as in the horizontal 
section 
 1) None 
2) None 
3)  None   
 
  
 
 
4)  Unbound except as in the horizontal 
section   
 TN/S/O/IND/Rev.1 
Page 22 Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
(p)  Photographic Services 
excluding aerial 
photography, satellite 
pictures and satellite 
enabled photography  
 (CPC 875**) 
  1) None 
2) None 
3) None except that es tablishment would be 
only through incorporation with a foreign 
equity ceiling of 49 per cent and subject to 
the condition that in the case of foreign 
investors having prior collaboration in 
that specific service sector in India, FIPB 
approval would be required. 
4) Unbound except as in the horizontal 
section  1) None 
2) None 
3) None 
 
 
 
  
 
4) Unbound except as in the horizontal section 
   
  TN/S/O/IND/Rev.1
 Page 23Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
2. COMMUNICATION 
SERVICES 
C. Telecommunication 
Services1    
(a) Voice telephone service  
     (CPC 7521**) 
 
Limited to local/long 
distance, for public use 
over a public 
telecommunication 
transport network  
 1) Unbound.   
2) Unbound  None 
3)  The service will be permitted to be provided 
only after the operator gets a licence from 
the Designated Authority. who shall 
determine the need, if any, for issuance of 
new licences.  The terms and conditions of 
the licence will be as laid down by the 
Designated Authority or Government or the 
prevailing laws in the country.    
 1) Unbound.   
2) Unbound None 
3) Unbound 
 
 The definition and principles on the 
regulatory framework for the basic telecommunication services 
subscribed to by India are contained 
in the annex titled "Explanatory 
Paper on Additional Commitments 
by India  
 
Wirebased (i.e., for fixed network of subscribers).  In the case of foreign investors having 
prior collaboration in that specific service sector in India, FIPB approval would be 
required. 
 
 There will be one operator other than 
Department of Telecommunications 
(DOT)/Mahanagar Telephone Nigam 
Limited (MTNL) in each service area for a 
period of 10 years from the grant of licence 
after which the position will be reviewed.    
Number of licenses, may, however, be 
limited due to scarce resources such as 
right of way and spectrum availability, 
subject to a minimum of two licences in 
each service area. 
  The subject of opening up of 
national long distance service 
beyond service area to compe tition 
will be reviewed in the year 1999.  
 Also the subject of opening up of 
international service to competition 
will be reviewed in the year 2004)  
                                                      
1 Excluding  broadcasting services and measur es affecting such services.  Broadcasting is defined as a form of the uni-direction al telecommunications inte nded for large number of 
users having appropriate receiving facilitie s and carried out by means of radio or ca ble network. This may include sound transm ission, television tran smission or other type s of transmission. 
 
  
 TN/S/O/IND/Rev.1 
Page 24 Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
  The private operator should be a company 
registered in India in which total foreign 
equity must not exceed 25 49  per cent.    
 Service operator will be permitted to 
provide long distance service within the licensed service area only.  
 Resale of voice telephone services is will 
not be permitted.  However, licensees 
can grant franchises on commission basis for providing public call offices (PCOs) service. 
 The detailed terms and conditions for 
providing the service will be as per licence conditions.
   
  
4) Unbound except as indicated in the 
horizontal commitments 
  
4) Unbound except as indicated in the horizontal 
commitments 
  
(b) Packet Switched Data 
Transmission Services 
(CPC 7523**) 
 1) Unbound.  
2)  Unbound None.   
3)  The service will be permitted to be 
provided only after the operator gets a licence from the Desi gnated Authority. 
who shall determine the  need, if any, for 
issuance of new licences.  The terms and 
conditions of the licence will be as laid 
down by the Designated Authority or 
Government or the prevailing laws in the 
country .   
In the case of foreign investors having 
prior collaboration in that specific service 
sector in India, FIPB approval would be 
required.  1)  Unbound.   
2) Unbound None.   
3) Unbound 
  
 
  
 
  
 
 
 
   
  TN/S/O/IND/Rev.1
 Page 25Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 There will be one operator other than 
Department of Telecommunications 
(DOT)/Mahanagar Telephone Nigam 
Limited (MTNL) in each service area for a 
period of 10 years from the grant of 
licence after which the position will be 
reviewed.   Number of licenses, may, 
however, be limited due to scarce 
resources such as right of way and 
spectrum availability, subject to a 
minimum of two licences in each service 
area. 
The private operator should be a company 
registered in India in  which total foreign 
equity must not exceed  25 49 per cent.      
 Service operator will be permitted to 
provide long distance service within the licensed service area only.  
Resale of voice telephone services is will 
not be permitted.  However, licensees can 
grant franchises on commission basis for 
providing public call offices (PCOs) service. 
 
The detailed terms and conditions for providing the service will be as per licence 
conditions. 
 
4)  Unbound except as indicated in the 
horizontal commitments 
  
  
 
 
 
  
 
  
 
  
4)  Unbound except as indicated in horizontal 
commitments 
   
 TN/S/O/IND/Rev.1 
Page 26 Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
Radio Paging Services 
(CPC 7523**) 1) Unbound  
2)  Unbound  None   
3)  The service will be permitted to be 
provided only after the operator gets a licence from the Desi gnated Authority. 
who shall determine the need, if any, for 
issuance of new licences.  The terms and 
conditions of the licence will be as laid 
down by the Designated Authority or 
Govern ment or the prevailing laws in the 
country .   
In the case of foreign investors having 
prior collaboration in that specific service 
sector in India, FIPB approval would be required. 
 1)  Unbound  
2)  Unbound   None 
3) Unbound 
    
 
  
 
 
 
  
 
  
  
 There will be one operator other than 
Department of Telecommunications 
(DOT)/Mahanagar Telephone Nigam 
Limited (MTNL) in each service area for a 
period of 10 years from the grant of 
licence after which the position will be 
reviewed.   Number of licenses, may, 
however, be limited due to scarce 
resources such as right of way and 
spectrum availability, subject to a 
minimum of two licences in each service 
area. 
    
  TN/S/O/IND/Rev.1
 Page 27Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 The private operator should be a company 
registered in India in  which total foreign 
equity must not exceed 2 5 49 per cent.    
Service operator will be permitted to 
provide long distance service within the 
licensed service area only.  
  
 
 
  
 
  
 Resale of voice telephone services is will 
not be  permitted. However, licensees can 
grant franchises on commission basis for 
providing public call offices (PCOs) 
service . 
 
The detailed terms and conditions for 
providing the service will be as per licence 
conditions. 
 4)  Unbound except as indicated in the  
horizontal commitments   
 
 
  
 
  
 
 4)  Unbound except as indicated in the 
horizontal commitments    
 TN/S/O/IND/Rev.1 
Page 28 Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
(c) Circuit switched data 
transmission services 
(CPC 7523**) 
 
(d) Telex Service  
(CPC 7523**)  
(e) Telegraph Service  
(CPC 7522**)  
 1) Unbound.   
2) Unbound . None  
3) Licensed voice telephone service operators 
will be permitted for  transmission of data on 
the PSTN2 network in its licensed service 
area.  
4) Unbound except as indicated in the 
horizontal commitments  
 1)  Unbound.   
2)  Unbound . None 
3) Unbound 
 
 
 
4) Unbound except as indicated in the horizontal 
commitments  
 
(f) Facsimile services  (CPC 7521** + 7529**)  1)  Unbound.   
2)  Unbound . None 
3)  Licensed voice telephone service operators 
will be permitted for transmission of 
facsimile on the PSTN network in its licensed service area.  Franchisees of service 
operators can provide commercial facsimile 
services 
4) Unbound except as indicated in the 
horizontal commitments 
 1) Unbound.   
2)  Unbound . None 
3)  Unbound 
 
  
 
 4) Unbound except as indicated in the horizontal 
commitments  
 
(g) Private Leased Circuit 
Services (CPC 7522** + 
7523**)  1)  Unbound.   
2) Unbound .  None  
3)  Licensed voice telephone service operators 
will be permitted to provide leased circuits to 
their customers, for their own use within 
their licensed service area.  Resale of such leased circuits will not be permitted. 
4) Unbound except as indicated in the 
horizontal commitments 1)  Unbound.   
2)  Unbound . None 
3)  Unbound  
 
  
4)  Unbound except as indicated in the horizontal 
commitments 
  
 
                                                      
     2PSTN refers to Public Switched Voice Telephone Network which is operated by DoT/MTNL or licensed operator.  
  TN/S/O/IND/Rev.1
 Page 29Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
Data and message 
transmission services, the 
following: 
 (h) Electronic mail 
    (CPC 7523**) 
 (i)  Voice mail  
    (CPC 7523**) 
 
(j)  On-line information and 
database retrieval (CPC 7523**) 
 
(l)  Enhanced / value added facsimile services, 
including store and 
forward, store and retrieve (CPC 7523**) 
 
(n) On-line information and/or data processing 
(CPC 843**) 
 1) None 
2)  Unbound . None 
3)  Only through incorporation with a foreign 
equity ceiling of 51%  74% 
 
In the case of foreign investors having 
prior collaboration in that specific service 
sector in India, FIPB approval would be 
required. 
 
4) Unbound except as indicated in the 
horizontal section 1)  None 
2)  Unbound . None 
3)  None 
  
 
  
 
 
4) Unbound except as i ndicated as indicated in 
the horizontal section  
(o) Others  
 (i)   V-Sat Services 1) Unbound 
2)  Unbound . None 
3) The service will be permitted to be 
provided only after the operator gets a licence from the Desi gnated Authority, 
who shall determine the need, if any, for 
issuance of new licences.  The terms and 
conditions of the licence will be as laid 
down by the Designat ed Authority or 
Government or the prevailing laws in the 
country.  1) Unbound  
2)  Unbound . None 
3)   Unbound 
 
 
 
  
 
  
 
    
 TN/S/O/IND/Rev.1 
Page 30 Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 Only digital (GSM) technology will be 
permitted and this will only be  terrestrial 
based.  
The private operator should be a company 
registered in India in  which total foreign 
equity must not exceed  25%   49%. 
 In the case of foreign investors having 
prior collaboration in that specific service 
sector in India, FIPB approval would be 
required. 
The detailed terms and conditions for 
providing the service will be as per licence 
conditions. 
 
4) Unbound except as indicated in the 
horizontal commitments 
  
 
 
  
 
  
 
 
 
  
 
  
 
 
4) Unbound except as indicated in the 
horizontal commitments  
  
 (ii)  Cellular mobile  
  telephone 1) Unbound  
2) Unbound . None 
 1)   Unbound 
2) Unbound . None  
  
 3) The service will be permitted to be provided 
only after the operator gets a licence from 
the Designated Authority, who shall 
determine the need, if any, for issuance of 
new licences.  The terms and conditions of 
the licence will be as laid down by the 
Designated Authority or Government or the 
prevailing laws in the country.  
 3)  Unbound 
 
   
  TN/S/O/IND/Rev.1
 Page 31Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 Only digital (GSM) technology will be 
permitted and this will only be  terrestrial 
based.  
The private operator should be a company 
registered in India in which foreign direct 
investment must not exceed 25%  49% . 
Number of licenses, may, however, be 
limited due to scarce resources such as right 
of way and spectrum availability, subject to 
a minimum of two licences in each service 
area. 
In the case of foreign investors having prior 
collaboration in that specific service sector 
in India, FIPB approval would be required. 
There will be two cellular service operators in 
each service area. The position will be 
reviewed after 10 years.  The ri ght of 
DoT/MTNL to enter into each service area is 
reserved    
The detailed terms and conditions for 
providing the service will be as per licence conditions. 
 
4) Unbound except as indicated in the horizontal 
commitments  
 
 
  
 
  
 
 
 
  
 
  
 
  
 
  
 
  
 
 4)  Unbound except as indicated in the 
horizontal commitments 
   
 TN/S/O/IND/Rev.1 
Page 32 Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
D. Audiovisual Services  
 
      (a)  Motion picture or 
video distribution services (CPC 96113) 
 1) Unbound 
2) Unbound *  
3) (i) Only through representative offices which 
will be allowed to function as branches of companies incorporated outside India. 
 
(ii) Import of titles restricted to 100 per year. 
 1) Unbound 
2) Unbound *  
3) None. Subject to the pres cribed authority 
having certified that the motion picture has:  
(a) won an award in any of the internatio nal film 
festivals notified by the Ministry of 
Information & Broadcasting, Government of 
India; or  
(b) participated in any of the official sections of 
the notified international film festivals; or  
(c) received good reviews in prestigious film 
journals noti fied by the Ministry of 
Information & Broadcasting, Government of 
India   
 4) Unbound except as indi cated in the horizontal 
section 4) Unbound except as indicated in the horizontal 
section 
   
  TN/S/O/IND/Rev.1
 Page 33Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
3. CONSTRUCTION 
AND RELATED 
ENGINEERING 
SERVICES 
   s 
A. General construction 
work for buildings 
(CPC 512)  
 
B. General  Construction 
work for civil engineering 
(CPC 513) 
 
Roads & Bridges only:  
Construction of highways, 
streets, railways, runways, 
bridges, tunnels, subways, 
waterways, harbours, dams, 
pipelines, communic ation 
lines, power lines and 
construction work of 
constructions for mining 
and manufacturing not 
elsewhere classified e.g. 
power plants, iron 
foundries, blast furnaces and 
coke ovens. It excludes 
construction work of 
warehouses and industrial 
buildings, re sidential and 
non-residential buildings. 
(CPC Ex. 513)  
 1) Unbound  None 
2) Unbound  None 
3) None except that the establishment would 
be only through incorporation with a foreign 
equity ceiling of 51 per cent,  and subject to 
the condition that in the case of foreign 
investors having prior collaboration in that 
specific service sector in India, FIPB 
approval would be required. 
4) Unbound except as indicated in the horizontal 
section 1) Unbound  None 
2) Unbound  None 
3) None 
 
 
  
 
 4) Unbound except as indicated in the horizontal 
sesction   
 TN/S/O/IND/Rev.1 
Page 34 Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 
C. Installation and 
assembly work 
(CPC 514+516)  
 
D. Building completion 
and finishing work 
(CPC 517)  
 
E. Other 
(CPC 511+515+518)  
    
4.  DISTRIBUTION 
SERVICES 
(EXCLUDING LIVE 
ANIMALS) 
    
A.  Commission agents’ 
services covering sales 
on a fee or contract 
basis of:   
 
 Agricultural raw 
materials 
(CPC 62111**) 
 
 Food products 
excluding beverages 
and tobacco 
(CPC 62112**) 
 
 Machinery, industrial 
equipment and 
vehicles other than 
motor vehicles, 
bicycles and 
motorcycles 
(CPC 62114) 1)  None 
2)  None 
3)  None, subject to approval of RBI/FIPB and 
conformity with FEMA regulations, as 
applicable and also subject to the condition 
that in the case of foreign investors having 
prior collaboration in that specific service 
sector in India, FIPB approval would be 
required. 
4)  Unbound, except as in the horizontal 
section  
 1) None 
2) None 
3)  None 
 
  
 
  
4)  Unbound, except as indicated in the 
horizontal section 
   
  TN/S/O/IND/Rev.1
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Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 Furniture, household 
goods, hardware and 
iron mongery 
(CPC 62115) 
 
 Textiles, clothing and 
footwear (CPC 62116) 
    
B. Wholesale trade 
services   
 
 Agricultural raw 
materials 
(CPC 6221**) 
  
 Food excluding 
beverages and tobacco 
(CPC 6222**) 
 
 Textiles, clothing and 
footwear (CPC 6223) 
 
 Household appliances, 
articles and equipment 
(6224) 
 
 Miscellaneous 
consumer goods (6226) 
 
 Machinery, equipment 
and supplies  
(CPC 6228) 
  1)  None 
2)  None 
3) None, subject to approval of RBI/FIPB and 
conformity with Foreign Exchange 
Management Act(FEMA) regulations, as 
applicable and also subject to the condition 
that in the case of foreign investors having 
prior collaboration in that specific service 
sector in India, FIPB approval would be 
required. 
4) Unbound except as in the horizontal section 1) None 
2) None 
3) None 
 
 
  
 
  
4)  Unbound, except as in the horizontal section   
 TN/S/O/IND/Rev.1 
Page 36 Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
5. EDUCATION 
 SERVICES    
 
 Higher Education 
 Services (CPC 923) 
 
  
1) None subject to the condition that service 
providers would be subject to regulations, 
as applicable to domestic providers in the 
country of origin.  
2) None 
3)  None subject to the condition that fees to be 
charged can be fixed by an appropriate 
authority and that such fees do not lead to 
charging capitation fees or to profiteering.  
Subject further to such regulations, already 
in place or to be prescribed by the 
appropriate regulatory authority.  
 In the case of foreign investors having prior 
collaboration in that specific service sector 
in India, FIPB approval would be required. 
4) Unbound except as in the horizontal section  
1) None 
  
 
2) None 
3) None  
  
 
  
 
  
4) Unbound except as in the horizontal section   
6. ENVIRONMENTAL 
SERVICES 
 
B. Refuse Disposal 
Services  
 (CPC 9402) 
 
C. Sanitation and 
Similar Services  
 (CPC 9403) 
   
  
1)  None 
2)  None 
3) None subject to incorporation and the 
condition that in the case of foreign 
investors having prior collaboration in that 
specific service sector in India, FIPB 
approval would be required 
4) Unbound except as in the horizontal section  
  
1) None 
2) None 
3) None  
 
  
 
4) Unbound except as in the horizontal section 
   
  TN/S/O/IND/Rev.1
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Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
7. FINANCIAL SERVICES 
The commitments in financial services are ma de in accordance with the General Agreement on Trade in Services and the Annex on F inancial Services.  A ll the commitments are 
subject to entry requirements, domestic laws, rules and regulations , guidelines and the terms and conditions of the Reserve Bank of  India, Securities and Exchange Board of India 
and any other competent authority in India.   
The sectors/sub-sectors listed below are in accordance with the listing in the Annex on Financial Services. 
 
A. Insurance and 
Insurance Related 
Services   
    
Life Insurance 
[5(a) (i) (A)] 1) Unbound  
2) Unbound 
3) None, except establishment would be 
through incorporation with foreign equity 
not exceeding 26 per cent  and subject to the 
condition that in the case of foreign 
investors having prior collaboration in that 
specific service sector in India, FIPB 
approval would be required. 
4) Unbound except as in the horizontal section 
 1) Unbound 
2) Unbound 
3) None 
 
  
 
  
4) Unbound except as in the horizontal section   
 TN/S/O/IND/Rev.1 
Page 38 Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 Non-life insurance 
[5(a) (i) (B)] 
 
Non-life, limited to 
insurance of freight Ex. 
5(a)(i)(B)  1) Unbound except in the case of insurance of 
freight, where there is no requirement that 
goods in transit to and from India should be 
insured with Indian insurance companies only.  Insurance is taken by the buyer or seller 
in accordance with the te rms of the contract.  
This position will be maintained.  Once under a contract the Indian importer or exporter 
agrees to assume the responsibility for 
insurance such as in  the case of f.o.b. 
contracts for imports into India or c.i.f. 
contracts for exports from India, insurance has to be taken only with an Indian insurance 
company. 
2) Unbound 
3) Unbound  None except establishment would 
be through incorpor ation with foreign 
equity not exceeding 26 per cent and 
subject to the condition that in the case of 
foreign investors having prior 
collaboration in that specific service sector 
in India, FIPB approval would be required. 
4) Unbound except as indicated in the horizontal 
section 
 1) Unbound 
 
 
  
 
  
 
 
 
  
 
2) Unbound 
3) Unbound  None 
 
  
 
  
4) Unbound except as indicated in the horizontal 
section  
 
 
  
 
  
 
 
 
   
  TN/S/O/IND/Rev.1
 Page 39Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 Reinsurance and 
retrocession  
 5(a)(ii) 1),2) Reinsurance can be taken with foreign 
reinsurers to the extent of the residual 
uncovered risk after obligatory or statutory 
placements domestically with Indian insurance companies. 
3) Unbound  None except establishment would 
be through incorporation and subject to 
the condition that foreign equity not 
exceeding 26% and further that in the case 
of foreign investors having prior 
collaboration in that specific service sector 
in India, FIPB approval would be required. 
4) Unbound except as indicated in the horizontal 
section 
 1) Unbound 
2) Unbound 
 
  
3) Unbound 
  
 
 
 
 4) Unbound except as indicated in the horizontal 
section 
    
 TN/S/O/IND/Rev.1 
Page 40 Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 Insurance 
intermediation, limited 
to reinsurance 
 Ex. 5(a)(iii) 1),2) Reinsurance of dome stic risks can be placed 
with foreign reinsurers through overseas 
brokers, to the extent mentioned under 
reinsurance and retrocession. 
3) (i) Overseas brokers are allowed to have 
resident representatives and representative 
offices who can procure reinsurance business from Indian insurance companies to the extent 
mentioned above.  They can also place 
reinsurance business from  abroad with Indian 
insurance companies.  
 (ii)  Except for the business indicated above, 
the resident representatives and representative 
offices cannot undertake any other activity in India.  
 (iii) All expenses of the resident 
representatives and representative offices 
have to be met by remittances from abroad and no income can be received in India from 
Indian residents. 
4) Unbound except as indicated in the horizontal 
section 
 1) Unbound 
2) Unbound 
 
 3) Unbound 
 
  
 
 
 
 
 
 
  
 
 
4) Unbound except as indicated in the horizontal 
section   
  TN/S/O/IND/Rev.1
 Page 41Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
        Services auxiliary to 
insurance, such as 
consultancy, 
actuarial, risk 
assessment  
Ex.[5 (a) (iv)] 1) None  
2) Unbound 
3)   None subject to th e conditions that foreign 
companies can be established through 
incorporation with foreign equity not 
exceeding 51 per cent and further subject 
to the condition that in the case of foreign 
investors having prior collaboration in that 
specific service sector in India, FIPB 
approval would be required. 
        In the case of Actuarial and Advisory 
Services, formal certif ication by Actuarial 
Society of India would be required.  
4)  Unbound except as in the horizontal section 
 1) None 
2) None 
3) Unbound   
 
  
 
 
 
  
4) Unbound except as in the horizontal section  
B. Banking and other 
financial services 
(excluding insurance)  
 
1.(i) Acceptance of 
deposits and other repayable funds from 
the public 
5(a)(v) 
 
(ii)  Lending of all types, 
including consumer 
credit, mortgage credit, Factoring  and 
financing of 
commercial transactions but 
excluding fac toring  
Ex. 5(a)(vi) 
 1) Unbound 
2) Unbound 3) In each of the services given below in which 
commitments are being undertaken for 
Banking and  non-banking financial 
services companies, access is subject to 
fulfilment of mini mum capitalization 
norms . 
 For all activities listed in this section of the 
Schedule excluding factoring and venture capital 
(i) Only  through branch operations and as a 
wholly owned subsidiary  of a foreign bank 
licensed and supervised as a bank in its home 
country and subject to regulations of the 
Reserve Bank of India.  
 1) Unbound 
2) Unbound 3) For all activities listed in this section of the 
Schedule excluding factoring and venture 
capital  
 
  
 
  
(i) Foreign banks are required to constitute Local 
Advisory Boards consisting inter alia of 
professionals and persons having expertise in 
areas such as small -scale industry and exports.  
The Chairman and members of the Local 
Advisory Board must be resident Indian 
nationals except for the Chief Executive 
Officer who may be a foreign national.  The 
appointment of Chairman  and members of the 
Board requires Reserve Bank of India 
approval.  
   
 TN/S/O/IND/Rev.1 
Page 42 Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 
(iii) All payment and 
money transmission 
services including credit, charge and 
debit cards, travellers 
cheques and bankers' drafts 
5(a)(viii) 
 
  (ii) Grant of licen ce as permissible under 
existing laws.  
(ii)  A limit of twelve   fifteen   twenty licences 
per year both for new entrants and existing banks. 
(iii) Banks are allowed to install ATMs at 
branches and at other places identified by them.  Installation of ATM at a place other 
than in licensed branches is treated as a 
new place of business and requires a 
licence.  Licences issued for ATMs 
installed by foreign banks will not be 
included in the ceiling of twelve  fifteen  
twenty  licences referred to in item (ii) 
above. 
  (ii)  Public sector enterprises can invest surplus 
funds in term deposits only with scheduled 
commercial banks incorporated in India ; their 
investment of surplus funds in term 
deposits with Wholly Owned Subsidiaries 
would be subject to guidelines by Reserve 
Bank of India.  
 
  
(iv) Guarantees and 
commitments 
5(a)(ix) 
(v) Trading for own 
account of the 
following : 
 
 (a) money market 
  instruments 
 (including 
 cheques, bills, 
 certificates of  deposits) 
 
 (b)     foreign exchange 
 
 (c) transferable 
 securities 
 Ex. 5(a)(x)(A) (B) (E) 
   l  
  TN/S/O/IND/Rev.1
 Page 43Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 
 (vi)Asset 
Management, 
confined to  Portfolio 
management, 
custodial and trust 
services  
Ex. 5(a)(xiii)  
 
(vii)  Clearing services for 
other banks for 
cheques, drafts and other instruments 
Ex. 5(a)(xiv) 
   
(vi) Foreign banks are subject to 
non-discriminatory resource allocation 
requirements.  
   
 
 
  
 
  
 
  
3.
 Stock broking  
  
(vii) In addition, foreign banks are permitted to 
invest in private sector banks through the 
FDI route subject to foreign equity ceiling 
of 49 per cent and subject to the condition 
that in the case of foreign investors having 
prior collaboration in that specific service 
sector in India, FIPB approval would be 
required. 
 
For transferable securities  [ 5 (a) (x) (E) ] 
(viii) In addition to the above , through 
establishment of locally incorporated joint 
venture company with foreign equity not exceeding 49
 74 per cent. The foreign equity 
participation will be limited to recognized 
foreign stock broking companies . 
  
 
  
 
  
 
  
For transferable securities
 [ 5 (a) (x) (E) ] 
(iii) Unbound except for entities established in 
accordance with the lim itations specified in 
the market access column 
  
 
  
 TN/S/O/IND/Rev.1 
Page 44 Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 4) Unbound except as indicated in the horizontal 
section 
 
For Factoring  
1) Unbound 
2) Unbound 3) Allowed for foreign financial services 
companies (including excluding banks) 
through incorporation. with foreign equity not exceeding 51 74 percen t and subject to the 
condition that in the case of foreign investors 
having prior collaboration in that specific 
service sector in India, FIPB approval would 
be required. 
 4) Unbound except as indicated in the horizontal 
section 
 
For Factoring
 
1) Unbound 
2) Unbound 
3) Unbound except for entities established in 
accordance with the lim itations specified in 
the market access column.  
  
  Allowe d for banks through incorporation with 
foreign equity not exceeding 51  per cent.  
4)  Unbound except as indicated in the horizontal 
section 
 
Venture Capital  
1) Unbound 
2) Unbound  
 
 
4) Unbound except as indicated in the horizontal 
section 
 
Venture Capital  
1) Unbound 
2) Unbound 
   
  TN/S/O/IND/Rev.1
 Page 45Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 3) (i) Allowed for foreign financial services 
 companies (including excluding  banks) 
through incorporation. with foreign equity 
not exceeding 51  74 per cent  and subject 
to the condition that in the case of 
foreign investors having prior 
collaboration in that specific service 
sector in India, FIPB approval would be 
required. 
 
  Allowed for banks through incorporation 
with foreign equity not exceeding 51  per 
cent  
 
 (ii) Funding has to be entirely out of equity. 
 4) Unbound except as indicated in the  horizontal 
section 3)   Unbound except for entities established in 
accordance with the limita tions specified in the 
market access column 
 
 
  
 
  
 
 
 
  
 
4) Unbound except as indicated in the horizontal 
section  
2. Financial  leasing 
 5(a)(vii)  1) Unbound 
2) Unbound 
3) Allowed for foreign financial services 
companies (including excluding  banks) 
through incorporation. with foreign equity not 
exceeding 51 74 per cent  and subject to the 
condition that in the case of foreign 
investors having prior collaboration in that 
specific service sector in India, FIPB 
approval would be required. 
 
 Allowed for banks through incorporation with 
foreign equity not exceeding 51 per cent   
4) Unbound except as indicated in the horizontal 
section 1) Unbound 
2) Unbound 
3) Unbound except for entities established in 
accordance with the limita tions specified in the 
market access column .  None 
 
  
 
  
 
  
4) Unbound except as indicated in the horizontal 
section   
 TN/S/O/IND/Rev.1 
Page 46 Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
Asset Management , 
confined to  such as cash  or 
portfolio management,  all 
forms of collective 
investment management, 
pension fund management,  
custodial , depository and 
trust services  
 5(a)(xiii)  
 1) Unbound 
2) Unbound 
3) None except establishment would be 
through incorporation with foreign equity 
not exceeding 26 per cent  and subject to the 
condition that in the case of foreign 
investors having prior collaboration in that 
specific service sector in India, FIPB 
approval would be required. 
4)  Unbound except as indicated in the horizontal 
section 1) Unbound 
2) Unbound 
3) None  
 
 
 
  
 
4) Unbound except as indicated in the horizontal 
section 
  
2. 3.  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 
5(a)(xi)  
  1) Unbound 
2) Unbound 3) (i) Allowed for foreign bank branches 
licensed to do banking business in India. 
 (ii) Allowed for foreign financial services 
companies (including
 excluding  banks) 
through incorporation with foreign equity 
not exceeding  51  74 per cent  and subject 
to the condition that in the case of 
foreign investors having prior 
collaboration in that specific service 
sector in India, FIPB approval would be 
required. 
 
 Allowed for banks through incorporation with 
foreign equity not exceeding 51 per cent  
 
4) Unbound except as indicated in the horizontal 
section 
 1) Unbound 
2) Unbound 3) Unbound except for entities established in 
accordance with the limita tions specified in the 
market access column.     
 
 
 
 
 
  
 
  
 
4) Unbound except as indicated in the horizontal 
section   
  TN/S/O/IND/Rev.1
 Page 47Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
4. Money broking 
        5(a)(xii)  1) 2) and 3) Unbound 
4) Unbound except as indicated in the 
horizontal section 
 1) 2) and 3) Unbound 
4) Unbound except as indicated in the 
horizontal section   
5. Provision and 
transfer of financial 
information, and 
financial data 
processing and related software by 
suppliers of other 
financial services  
         5 (a) (xv) 1) and 2) None 
3) Unbound  None 
4) Unbound except as indicated in the 
horizontal section 1) and 2) None 
3) Unbound  None 
4) Unbound except as indicated in the 
horizontal section 
  
4. 6.   Financial consultancy 
services, i.e. financial advisory services 
provided by financial 
advisers, etc. to customers on financial 
matters, investment 
and portfolio research and advice, advice on 
acquisitions and on 
corporate restructuring 
and strategy 
         Ex. 5(a)(xvi) 
 1) Unbound 
2) Unbound 3)(i)  Allowed for Foreign bank branches 
licensed to do banking business in India. 
    (ii) Allowed for foreign financial services 
companies (including banks) through 
incorporation with foreign equity not 
exceeding 51 per cent.  and subject to the 
condition that in the case of foreign 
investors having prior collaboration in 
that specific service sector in India, 
FIPB approval would be required. 
 
4) Unbound except as indicated in the horizontal 
section 
 
 1) Unbound 
2) Unbound 
3) Unbound except for entities established in 
accordance with the limita tions specified in the 
market access column .  None  
 
 
  
 
 
 
  
4) Unbound except as indicated in the horizontal 
section 
   
 TN/S/O/IND/Rev.1 
Page 48 Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
8. HEALTH RELATED 
AND SOCIAL 
SERVICES 
 A. Hospital Services
  
 (CPC  9311) 1) Unbound*  None for provision of services on 
provider to provider basis such that the 
transaction is between two established 
medical institutions, covering the are as of second opinion to help in diagnosis of cases 
or in the field of research. 
2)  Unbound
 None  1) Unbound*    None.  
 
 
  
 
2) Unbound 
   None   
 3)  Only through incorporation with a foreign 
equity ceiling of 51  74 per cent and subject to 
the condition that  the latest technology for 
treatment will be brou ght in and further 
subject to the condition that  in the case of 
foreign investors having prior collaboration 
in that specific service sector in India, FIPB 
approval would be required. Publicly 
funded services may be available only to 
Indian citizens or may be supplied at differential prices to  persons other than 
Indian citizens.  
4) Unbound except as indicated in the horizontal 
section. None for charitable purposes. 
 3) None  
 
 
 
 
  
 
  
 
 4) Unbound except as indicated in the horizontal 
section  
9.  TOURISM AND 
TRAVEL RELATED 
SERVICES 
 A.  Hotels and other 
lodging services  
(CPC Ex. 641) 
 1) Unbound *   None  
2) Unbound   None 
3) Only through incorporation with a foreign 
equity ceiling of 51 per cen t and subject to 
the condition  that in the case of foreign 
investors having prior collaboration in that 
specific service sector in India, FIPB approval would be required.  1) Unbound *   None  
2) Unbound   None  
3) None 
 
  
 4) Unbound except as indicated in the horizontal 
section 
 4) Unbound except as indicated in the horizontal 
section 
   
  TN/S/O/IND/Rev.1
 Page 49Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
B.  Travel Agency and 
Tour Operator 
Services  (CPC 747)  
 (CPC 7471) 1) Unbound *   None 
2) Unbound   None   
3) Only through incorporation in with a foreign 
equity ceiling of 51 per cent   and subject to 
the condition that in the case of foreign 
investors having prior collaboration in that 
specific service sector in India, FIPB approval would be required. 
4) Unbound except as indicated in the horizontal 
section 
 1) Unbound *   None  
2) Unbound    None 
3) None 
  
 
  
4) Unbound except as indicated in the horizontal 
section  
C.  Tourist  Guides 
Services   
 (CPC 7472) 1) Unbound*    
2) None 
3) Only through incorporation and subject to a 
total ceiling of 500 tourist guides conversant 
in Chinese, Spanish, Portuguese, French 
and Japanese and in the case of foreign 
investors having prior collaboration in that 
specific service sector in India, FIPB 
approval would be required. 
4) None for tourist guides conversant in 
Chinese, Spanish, Portuguese, French and 
Japanese languages subject to a total ceiling 
of 500. For others: Un bound except as in 
horizontal Commitments. 
 1) Unbound*    
2) None 
3) None  
 
  
 
 
4) Unbound except as in the horizontal section   
 TN/S/O/IND/Rev.1 
Page 50 Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
10. RECREATIONAL, 
CULTURAL AND 
SPORTING 
SERVICES (OTHER 
THAN AUDIO-
VISUAL SERVICES) 
    
A. Entertainment 
Services  (including 
Theatre, Live bands 
and circus services  
(CPC 9619) 
 1)  Unbound 
2) None 
3)  None and subject to the condition that in the 
case of foreign investors having prior 
collaboration in that specific service sector 
in India, FIPB approval would be required. 
4) Unbound except as in the horizontal section 
 1) Unbound 
2) None 
3)  None   
 
4) Unbound except as in the horizontal section  
D. Sporting and other 
recreational services  
(CPC 964**) 
 (excluding lottery, 
gambling and betting 
services) 
 1) None 
2) None 
3)  None and subject to the condition that in the 
case of foreign investors having prior 
collaboration in that specific service sector 
in India, FIPB approval would be required. 
4) Unbound except as in the horizontal section 
and subject to reciprocity 
 1)  None 
2)  None 
3)  None 
 
  
4)  Unbound except as in the horizontal section     
  TN/S/O/IND/Rev.1
 Page 51Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
11. TRANSPORT 
SERVICES 
A Maritime Transport 
Services     
The commitments in Maritime Transport are ma de in accordance with the General Agreement on Trade in Services.  All commitments are subject to domestic laws, 
entry requirements, rules and regulations and the terms and conditions of the Directorate General of Shipping, Reserve Bank of India and any other competent 
authority in India.  For supply of Mari time Auxiliary Services through commercial pres ence under Mode 3, it will be only throug h Indian registered company 
 
International Transport  
 
(Freight and Passengers 
excluding cabotage and offshore transport as 
defined in Annex ‘A’) 1)(a)  Liner Shipping: None, except 
- At least 40 per cent of cargo carried by 
liner shipping companies must be reserved 
for Indian Flag ships. 
- Preference will be given to Indian Flag 
vessels for government cargoes; and 
Government owned/ controlled cargo 
- Government policy on FOB/ FAS imports 
and export on CIF/ C&F basis  will hold 
good. 1)(a) Liner Shipping: None, except that in liner 
trade (Not restricted to liner conference 
trade) between India and such countries 
which are contracting parties to the UN 
Convention on code of conduct for liner 
conferences, the provisions of the said 
convention will apply. Access to and use of Port Facilities  
No measures shall be applied to 
the following serv ices which deny 
reasonable and non-discriminatory access to 
international maritime suppliers: 
 
 - Indian flag vessels will have the first right 
of refusal for carrying such cargo and only 
thereafter can foreign fl ag ships be allowed 
to be in-chartered/ ta ken on international 
rental basis.  1. Pilotage 
2. Towing, Tug assistance & 
pushing, 
3. Provisioning, fuelling & 
watering, 
4. Garbage coll ecting & ballast 
waste disposal 
 
   5. Port Captain services, 
6. Navigation aids, 
7. Shore based operational 
services essential to ship operations, including 
communications, water and 
electrical supplies,  
8. Emergency repair facilities,  
9. Anchorage, berth and 
berthing services 
  
 TN/S/O/IND/Rev.1 
Page 52 Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 1)(b)Bulk Shippi ng: None, Except 
 
(i) Dry, Liquid and Gas other than LNG: 
 - Preference will be given to Indian Flag 
vessels for government cargoes; and 
Government. Owned/ controlled cargo. 
- Government policy on FOB/ FAS imports 
and export on CIF/ C&F basis  will hold 
good. 1)(b)Bulk Shippi ng: None, Except 
 
(i) Preference will be given to Indian Flag 
Vessels. 
- Preference will be given to Indian Flag 
vessels for government cargoes; and 
Government owned/ controlled cargo. 
- Government policy on FOB/ FAS imports 
and export on CIF/ C&F basis  will hold 
good.  
 - Indian flag vessels will have the first right 
of refusal for carrying such cargo and only 
thereafter can foreign fl ag ships be allowed 
to be in-chartered/ ta ken on international 
rental basis. 
 - Indian flag vessels will have the first right of 
refusal for carrying such cargo and only 
thereafter can foreign fl ag ships be allowed 
to be in-chartered/ ta ken on international 
rental basis. 
  
 (ii) LNG: Unbound (ii) LNG: Unbound  
 1)(c) Passenger: None 
2) None 1)(c) Passenger: None 
2) None  
 3)(a) None, but condition that for operating a 
ship under the Indian  flag, a registered 
company, or a cooper ative society under 
any Central Act or State Act having its 
principal place of business in India, must 
be established.  
3)(b) Other forms of commercial presence for the 
supply of International Maritime 
Transport Services (as per definitions): Unbound 3)(a) None 
 
  
 
 3)(b) Unbound  
 4)(a)Ships crews: Unbound 
4)(b)key shore personnel: Unbound  4)(a)Ships crews:  Unbound 
4)(b)key shore personnel:  Unbound   
  TN/S/O/IND/Rev.1
 Page 53Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
MARITIME AUXILIARY 
SERVICES     
Maritime Cargo Handling 
services 1)  Unbound* 
2)  None 
3)  None, except as i ndicated in Horizontal 
commitment/ Head Note to this Schedule 
and subject to the condition that in the case 
of foreign investors having prior 
collaboration in that specific service sector 
in India, FIPB approval would be required. 
4)  None  1)  Unbound* 
2)  None 
3) None, except as indi cated in Horizontal 
commitment/ Head Note to this Schedule 
 
  
 
4) None  
Storage and Warehousing 
services in Ports 1) Unbound* 
2)  None 3)  None, except as i ndicated in Horizontal 
commitment/ Head Note to this Schedule 
and subject to the condition that in the case 
of foreign investors having prior 
collaboration in that specific service sector 
in India, FIPB approval would be required. 
4)  None 1)  Unbound* 
2)  None 3)  None, except as i ndicated in Horizontal 
commitment/ Head Note to this Schedule 
  
 
 
4)  None 
  
Customs Clearance 
Services 1) Unbound* 
2) None 
3)  Unbound 4)  Unbound 1)  Unbound* 
2)  None 
3) Unbound 4)  Unbound 
  
Container Station and 
Depot Services 1) Unbound* 
2) None 
3) None, except as indi cated in Horizontal 
commitment/ Head Note to this Schedule 
and subject to the condition that in the case 
of foreign investors having prior 
collaboration in that specific service sector 
in India, FIPB approval would be required. 
4) None 1) Unbound* 
2)  None 
3)  None, except as i ndicated in Horizontal 
commitment/ Head Note to this Schedule 
 
 
  
4)  None 
   
 TN/S/O/IND/Rev.1 
Page 54 Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
Maritime Agency Services 1)  None 
2) None 
3) None, except as indi cated in Horizontal 
commitment/ head Note to this Schedule 
and subject to the condition that in the case 
of foreign investors having prior 
collaboration in that specific service sector 
in India, FIPB approval would be required. 
4) None 1)  None 
2)  None 
3)  None, except as i ndicated in Horizontal 
commitment/ head Note to this Schedule 
 
 
  
4)  None 
  
Maritime Freight 
Forwarding Services 1)  None 
2)  None 
3)  None, except as i ndicated in Horizontal 
commitment/ head Note to this Schedule 
and subject to the condition that in the case 
of foreign investors having prior 
collaboration in that specific service sector 
in India, FIPB approval would be required. 
4)  None 
 1) None 
2)  None 
3)  None, except as i ndicated in Horizontal 
commitment/ head Note to this Schedule 
 
 
  
4) None  
International rental/ 
charter of vessels with crew or on bareboat basis 
(excluding cabotage and 
offshore transport) 1) Unbound 
2) None except obtain ing permission from 
Director General (Shipping) for chartering 
a foreign flag vessel in the absence of 
availability of a suitable Indian vessel. 
3) Unbound 
4)  Unbound 1) Unbound 
2)  None, except vessels rented by Indian 
nationals are considered as foreign vessels. 
 
 3) Unbound 
4) Unbound 
  
Maintenance and repairs 
of sea going vessels 1) None 
2)  None 
3)  None, except as i ndicated in Horizontal 
commitment/ head Note to this Schedule 
and subject to the condition that in the case 
of foreign investors having prior 
collaboration in that specific service sector 
in India, FIPB approval would be required. 
4)  None  1)  None 
2)  None 
3)  None, except as i ndicated in Horizontal 
commitment/ head Note to this Schedule 
 
  
 
4) None   
  TN/S/O/IND/Rev.1
 Page 55Modes of supply:    1) Cross-border supply 2)  Consumption abroad 3)  Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
Ship Broking Service 
(CPC 748**) 
 1)  Unbound 
2) None 
3) None, except as indicated in the Head Note 
and subject to the condition that in the case 
of foreign investors having prior 
collaboration in that specific service sector 
in India, FIPB approval would be required. 
4) Unbound except as in the horizontal section 1)  Unbound 
2)  None 
3)  None, except as indicated in the Head Note  
  
 
 
4)  Unbound except as in horizontal 
commitments 
  
11 C.  Air Transport 
Services  
 
(d) Maintenance and 
repair of aircraft 
(CPC 8868**) 
 1)  None 
2)  None 
3)  None and subject to the condition that in 
the case of foreign investors having prior 
collaboration in that specific service sector 
in India, FIPB approval would be required. 
4) Unbound except as in the horizontal section 1) None 
2) None 
3) None 
 
 
4)  Unbound except as in the horizontal section    
(*) Unbound due to lack of technical feasibility 
 TN/S/O/IND/Rev.1 
Page 56  
 
  
Explanatory Paper on  
Additional Commitments by India  
  
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 telecommunications transport network or service that 
 
(a) are exclusively or predominantly provided  by a single or limited number of suppliers; 
and 
 
(b) cannot feasibly be economically or tec hnically 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 the releva nt 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  
 
Appropriate measures shall be maintained fo r the purpose of preventing service suppliers 
from engaging in or continuing in anti-co mpetitive practices of the following type: 
 
(a) using information obtained from comp etitors with anti-competitive results; and 
 
(b) not making available to other services suppliers on a timely basis technical 
information about essential facilities and co mmercially relevant information which 
are necessary for them to provide services. 
 2. Interconnection
 
 
2.1 This section applies to linking with suppliers  providing public telecommunications transport 
network or services in order to allow the users of  one supplier to communicate with users of another 
supplier and to access services provided by anothe r supplier, where specific commitments are 
undertaken. 
 
   TN/S/O/IND/Rev.1 
 Page 57 
 
 
 2.2 Interconnection to be ensured  
 
Interconnection with a major supplier will be en sured at any specified feasible point in the 
network as indicated in the licence.  Such interconnection is provided: 
 
(a) 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) upon request, at points in addition to the network termination points offered to the 
majority of users as per licence conditions , subject to mutually agreed charges.  
 
2.3 Public availability of the pro cedures for interconnection negotiations  
 
The procedures applicable for interconnecti on to a major supplier will be made publicly 
available.  
 
2.4 Transparency of interconnection arrangements  
 
It will be ensured that a major supplie r will make publicly 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 which has been made publicly known 
 
to a domestic authority to resolve disputes regarding appropriate terms, conditions and rates 
for interconnection within reasonable period of time, to the extent that these have not been established 
previously. 
 
3. Universal service  
 
India retains the right to define the kind of universal service obligation it wishes to maintain. 
Such obligations are  not regarded as anti-competitive per se, since they would be administered in a 
transparent and non-discriminatory manner. 
 4. Public availability of licensing criteria
 
 
Where a licence is required, the following will be made publicly available: 
 
(a) All the licensing criteria, and  
 (b) The terms and conditions of individual licences. 
  
 
 TN/S/O/IND/Rev.1 
Page 58  
 
 5. Regulatory Authority
 
 
The decisions of and the procedures used by th e regulatory authority shall be impartial with 
respect to all market participants.   
 The regulatory body is separate from, and not accountable to, any supplier of basic 
telecommunications services. The decisions of, a nd 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 and timely 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. 
  TN/S/O/IND/Rev.1 
 Page 59 
 
 
 Definitions Related to Section 11.A. – Maritime Transport Services  
 
1. “International Transport (Freight and Passeng er)”, for the purpose of this schedule, is 
to mean transportation of international Mari time Freight and Passengers by sea going vessels 
from the port of loading in one country to the port of discharge in another country. 
2. Cabotage: This Schedule does not in clude any commitments on “Cabotage” or 
“Maritime Transport Services” which are descri bed as transportation of passengers or goods 
between any port located in India and any other port also located in India and traffic originating and terminating in the same port  located in the country and further includes 
transportation of passengers or goods between a port located in India and installation and 
structures situated on the continental shelf of India. 
3. Offshore Transport: for the purposes of th e schedule only, “Offshore Transport” refers 
to shipping services involving the transportation  of passengers or goods between a port located 
in India and any location installation or stru cture associated with or incidental to the 
exploration or exploitation of natural resources of  the continental shelf of India, the seabed of 
the Indian coastal seas and the subsoil of the seabed, or situated on the continental shelf of 
India. 
4. “Other forms of Commercial Presence for the supply of International Transport 
Services” means ability for International Mari time Transport Service suppliers to undertake 
local activities which are necessary for the suppl y to their customers of a partially or fully 
integrated transport service, within which maritime transport constitutes a substantial element. 
 These activities include, but are not limited to: 
 
a. marketing and sales of maritime transpor t and related services through direct contact 
with customers, from quotation to invoicing, these services being those operated or offered by the service supplier itself or by  service suppliers with which the service 
seller has established standing business arrangements; 
b. acquisition on their own about or on behalf of their customers (and the resale to their 
customers) for any transport and related services, including anchorage, berth and berth services, and onward transport services  by any mode, particularly road and rail, 
inland waterways, necessary for the supply of the integrated services; 
c. the preparation of transport documents,  customs documents, or other documents 
related to the origin and character of goods transported; 
d. the provision of business information, including computerized information systems 
and electronic data interchange; 
e. setting up of business arrangements with  any locally established shipping agency and 
the appointment of personnel recruited loca lly (or, in the case of foreign personnel, 
subject to horizontal commitments on movement of personnel); 
f. organizing any aspect of the call of the vessel or taking control over cargoes; g. the provision of Ships Managers’ Services. 
 NOTE: {In order to enforce certain standards a nd conditions which need to be fulfilled by 
shipping service suppliers, particularly those pr oviding ship personnel and crew and also those 
engaged in providing ships management services, a nd to ensure that the owner, operator, agent 
or manager has:  TN/S/O/IND/Rev.1 
Page 60  
 
 - the capability of implementing international standards as well as IMO stipulations and 
recommendations; 
- the necessary financial structure so th at he is responsible and accountable; 
- the capability of implementing, the sa fety; and marine pollution controls; 
- fulfilled requirements of quality manageme nt and his operations are transparent; 
 
 a system of registration/ licensing of shi pping service supplier is under consideration in 
India} 
 
5. “Ship Managers” means persons entering I ndia as the agents or representatives of a 
ship’s owner or operator for the purposes of  assessing requirements, negotiating and 
authorizing expenditures necessary to the mainte nance and operations of a vessel as well as the 
Handling of Cargo. 
6. “Maritime Cargo Handling Services” means activities exercised by stevedore 
companies, including terminal operators, but not including the direct activities of dock workers, 
when this workforce is organized independently of the stevedoring or terminal operator 
companies.  The activities covered, include the organization and supervision of: 
- the loading/ discharging of cargo to/ from a ship; 
- the lashing/unlashing of cargo; - the reception/delivery and safekeeping of cargoes before shipment or after discharge. 
 
 The organization and supervision includes the arrangements for (1) engaging skilled 
workers (dockworkers), (2) using all necessary  equipment for on board or shore use and 
appropriate storage space, whether by ownershi p, rental or otherwise, (3) the checking of 
parcels and markings, the weighing and measuring of cargo, and (4) the administrative duties 
and responsibilities related to the services. 
 
7.  “Maritime Freight Forwarding Services”  means the activity of organizing and 
monitoring shipments on behalf of shippers thro ugh providing such services as the arrangement 
of actual transport and related services, co nsolidation, aggregation, packing of cargo, 
preparation of documentation and provision of business information.  
8. “Maritime Agency Services” means activities in representing, within a given geographic 
area, the business interests of-one or more shi pping lines or shipping companies for the 
following purposes:  
- marketing and sales of maritime transpor t and related activities from quotation to 
invoicing (cargo booking and canvassing) 
- issuance of bills of lading on behalf of the companies; - acquisition and resale of other necessary related services (settlement of disbursements and claims) preparation of documentation, and provision of business information; - acting on behalf of the companies in organizing the call of the ship or taking control of cargoes; 
- to make arrangement in order to get all necessary port services re quired by the foreign 
vessel during its stay in Indian Ports; - to appoint a stevedoring company for cargo loading and unloading on behalf of its principal; - to collect freight on behalf of the principal.  TN/S/O/IND/Rev.1 
 Page 61 
 
 
  
9. “Custom Clearance Services” (alternati vely Customs House Agents/Brokers) means 
activities consisting of carrying out on behalf of another party customs formalities concerning 
import export or through transport fo cargoes irrespective of whether this is the main or 
secondary activity of the services provider. 
 
10. “Government Cargo” means cargo originat ing from other countries (import cargoes 
including crude oil), petroleum by products, c oal, natural gas, raw materials for fertilizers, 
food-grains etc.) purchased by Indian Governme nt Agencies/ Departments or based on loan/ 
credit agreements with other countries, as well as exports by Indian Government Agencies/ 
Departments including Government aid. 
 11. “Container Station and Depot Services” means activities consisting of storing 
containers, whether in port areas or inland, with  a view to their stuffing/ stripping, repairs and 
making them available for shipments. 
 
12. “Maintenance and Repairs of Vessels” means services such as repairs and management of vessels, mending, fixing or overhauling of a vessel, management of crew and marine insurance, provided on behalf of a maritime passenger or cargo transport business, or vessel leasing business.  
13. “International rental of vessels with crew or  on bare-boat charter basis” means rental 
and/ or leasing services of all types of sea- going vessels with crew or on bare-boat basis 
(whereafter the ship will be manned by Indian nati onals only during the period of rental/ lease) 
for the purposes of international trade (like ta nkers, dry bulk cargo vessels, cargo and freight 
vessels etc).  TN/S/O/IND/Rev.1 
Page 62 INDIA – FINAL LIST OF ARTICLE II (MFN) EXEMPTIONS 
 
 
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 
2.C  Telecommunication 
services – International 
Service Measure including the 
application of different 
accounting rates for different 
operators/countries covered 
by International Telecommunication Services 
Agreements between Videsh 
Sanchar Nigam Limited and various foreign operators.  
 Countries covered by 
International 
Telecommunication Services 
Agreements between Videsh 
Sanchar Nigam Limited and foreign operators. Indefinite On account of bilateral 
agreements between Videsh 
Sanchar Nigam Limited and 
various foreign operators 
dealing with various aspects 
of cooperation
. 
2.C  Telecommunication 
services – International Service Measures including the 
application of different accounting rates for different 
neighbouring countries 
covered by Telecommunication 
Agreements entered into by 
the Government of India with governments of neighbouring 
countries. 
 Neighbouring countries 
(Pakistan, Bangladesh, Nepal and Bhutan) Indefinite On account of bilateral 
agreements with governments of neighbouring countries.  
  TN/S/O/IND/Rev.1
 Page 63Sector 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 Measures which define norms 
for co-production of motion 
pictures and television 
programmes with foreign countries and grant national 
treatment to motion pictures 
and television programmes co-produced with foreign 
countries which maintain a 
co-production agreement with India. 
 All countries Indefinite The agreements aim at the 
promotion of cultural 
exchange.  
SHIPPING 
(a)  Cargo sharing between bilateral partners 
 
 
(b)   Cargo Reservations   
Equality in freight liftings originating in the ports of 
partners to the agreement and 
equality in freight earnings 
Cargo reservation under the 
UN Code of Conduct for 
Liner Conferences, Sharing 
of cargo between the national 
lines of contracting states and 
third country lines in the ratio 
of 40:40:20 as provided in the 
Liner Code.   
  Bulgaria, Pakistan and the United Arab Republic 
 
  
All countries  
  
  
Indefinite 
 
 
  
Indefinite  
 
  
In the context of overall trade relations. 
 
  
To fulfil obligations under the 
convention.  
 
RECREATIONAL 
SERVICES Waiver on the prohibition of 
sale of lottery tickets in India. Bhutan Indefinite It is part of a comprehensive 
bilateral agreement between 
India and Bhutan. 
 
 
__________