. /.  RESTRICTED  WORLD TRADE  
ORGANIZATION  S/C/W/321 
25 October 2010 
 (10-5536) 
Council for Trade in Services Original:   English 
 
 
 
COMMUNICATION FROM CHINA 
 
Review of Article II (MFN) Exemptions  
 
Questions from China 
 
 
 The following communication, dated 21 Octobe r 2010 from the delegation of China is being 
circulated to the Members of th e Council for Trade in Services. 
 
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1. In the context of the third review of MFN exem ptions, China would like to raise the following 
follow-up questions on the basis of the WTO secretariat document JOB/SERV/30. 
I. SPECIFIC QUESTIONS ON HORIZONTAL EXEMPTIONS 
2. Austria:  On page 14, there is a MFN exemption on waiving of visa requirement for entry 
and stay. The conditions creating the need for this exemption is as following: “to regulate immigration 
into Austria by measures based on long standing links and possible progressive trade liberalization 
between Austria and Switzerland”. (1) Please clarify whether there is distinction between measures 
which target on immigration and measures which targ et on temporary movement of natural persons as 
services suppliers. (2) Please explain whether the conditions which created the need for this 
exemption still prevail. Please explain why if so.  
3. European Union:  On page 74, there is a MFN exemption on measures regarding facilitation 
of access procedures in France for the exercise of ce rtain services activities and professions by natural 
and legal persons of certain thir d countries, and its intended durat ion is 10 year. Please kindly explain 
whether these measures are expired or not. If not, please clarify the expiration time.  
4. On page 74, measures based on bilateral ag reements between the European Communities 
and/or their Member States and Switzerland with the objective of providing for the movement of 
natural persons supplying services are registered for exemption. (1) Please specify the measures 
which are still in effect. (2) Please provide the list of European Communities Members States which 
have established such kind of bilateral agreemen ts with Switzerland. (3) Please explain whether the 
conditions which created the need for the exem ption still prevail. Please explain why if so.  
5. On page 75, an exemption for measures “based upon bilateral agreements between Italy and 
third countries guaranteeing work permits for seasona l workers” has been reser ved for an indefinite 
period. Please specify the reason for the need  for such an indefinite exemption. 
6. On page 76, measures based upon bilateral agre ements between Commun ity Member States 
and European and Mediterranean countries guaranteei ng work permits are registered for exemption. 
(1) Please provide more information on the specific criteria established in the agreement, which limit S/C/W/321 
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  the numbers of workers from the countries concerned to be employed. (2) Please explain whether the 
conditions which created the need for the exem ption still prevail. Please explain why if so.  
7. Thailand:  On page 171, there is a MFN exempti on which indicates that only American 
citizens and entities are granted national treatment with respect to operating business and providing 
services in Thailand, and its intended duration is 10 year. Please kindly explain whether these 
measures are expired or not? If not, please clarify the expiration time. 
8. United States:  On page 189, measures on issuance of treaty trader or treaty investor non-
immigrant visas are registered for exemption, whic h intend to facilitate trade under FCNs and BITs. 
（1）Please elaborate the specific measures on non-immigr ant visas, and explain how such measures 
facilitate trade under FCNs and BITs. （2）What are the major features of measures regulating non-
immigrant visas compared with measures regulating immigrant visas? 
II. SPECIFIC QUESTIONS ON SECTORAL EXEMPTIONS 
A. BUSINESS SERVICES  
(a) Services incidental to agriculture  
9. Canada:  On page 35, measures concerning temporary entry of agricultural workers from 
certain countries are registered for exemption.  (1) Please provide detailed information on “an 
accelerated process for labor certification”. (2)Wou ld Canada clarify whether the memorandums of 
understanding concerned still remain in force, and the exact duration of these memorandums of 
understanding?  
B. FINANCIAL  SERVICES 
10. European Union:  On page 73, there is a MFN exemption on measures granting favourable 
tax treatment (off-shore regime) in Italy to service suppliers trading with the countries to which the 
measure applies, and its intended duration is 10 year. Please kindly explain whether these measures 
are expired or not. If not, please clarify the expiration time. 
C. TRANSPORT  SERVICES   
11. Thailand:  On page 170, there are three MFN exempti ons on international maritime transport 
of cargoes, and their intended duration is 10 year s. Please clarify whether these measures have been 
expired. If not, please explain the expiration time.  
12. USA:  On page 203, there is a MFN exempti on on measures concerning quantitative 
restrictions and price disciplines in certain bilate ral agreements on the launch of satellites in the 
international commercial space launch market. Please clar ify whether any such kind  of restrictions or 
prices disciplines have been imposed since th eir introduction? If so, please provide detailed 
information.  
 
 
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