WORLD TRADE  
ORGANIZATION   
GATS/SC/147 
5 June 2012  
 
(12-2936) 
Trade in Services   
  
 
SAMOA  
 
Schedule of Specific Commitments 
 
(This is authentic in English only)  
 
 
_______________ 
  
  GATS/SC/147 
Page 2 Modes of Supply:   (1)  Cross-border supply   (2)  Consumption abroad    (3)  Commercial presence   (4)  Movement of Natural Pe rsons 
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
1. HORIZONTAL COMMITMENTS 
ALL SECTORS INCLUDED IN THIS 
SCHEDULE  
 
  
 
  
 
  
 
  
 
(4) Unbound, except for temporary 
entry and stay of natural persons of 
another Member in the following 
categories: (1)(2)(3) Unbound for Subsidies  
 
(3) Non-Samoan natural and juridical 
persons may lease but not own land. 
Land may be leased for up to 
30 years renewable once in the case of land leased or licensed for 
industrial purposes or a hotel and 
20 years renewable once in the other cases. 
 
 Foreign service suppliers may be 
required to provide training to local 
employees. 
(4) Unbound except for the measures 
affecting the entry and temporary 
stay of natural persons referred to in 
the market access column.  
 A. Services Salesperson 
 Persons not based in the territory of 
Samoa and receiving no 
remuneration from a source located 
within Samoa, who are engaged in activities related to representing a 
service supplier for the purpose of 
negotiating for the sale of services of that supplier where: 
 
 a. such sales are not directly 
made to the general public; 
and 
 b. the sales person is not engaged 
in supplying the service. 
 
 Permitted activities include the 
supply of after sale and after lease 
services.    
   GATS/SC/147
 Page 3Modes of Supply:   (1)  Cross-border supply   (2)  Consumption abroad    (3)  Commercial presence   (4)  Movement of Natural Pe rsons 
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
  Entry and stay of persons named in 
this category is 60 days per year. 
  B. Intra-Corporate Transferees 
 Managers, executives and 
specialists as defined below who are employees of foreign-owned or 
controlled firms that provide 
services in Samoa through a branch, subsidiary or affiliate established in 
Samoa and who have been in the 
prior employment of their firm outside Samoa for a period of not 
less than 1 year immediately 
preceding the date of their application for admission for a 
transfer and who fall within one of 
the following categories:    
 a. Executives and Managers:  
 persons within an organization who 
primarily direct the organization or 
a department or sub-division of the 
organization, supervise or control the work of their supervisory 
professional or managerial 
employees, have the authority to hire and fire or recommend hiring, 
firing or other personnel actions 
(such as promotion, or leave authorization) and exercise 
discretion over day to day 
operations.    
  GATS/SC/147 
Page 4 Modes of Supply:   (1)  Cross-border supply   (2)  Consumption abroad    (3)  Commercial presence   (4)  Movement of Natural Pe rsons 
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
 b. Specialists: 
 persons within an organization who 
possess technical knowledge at an advanced level of continued 
expertise and who possess 
proprietary knowledge of the organization's services, research 
techniques or management 
techniques.  (Specialists may include but are not limited to 
members of licensed professions).   
 c.  Persons entering for career 
development purposes: 
 persons who seek temporary entry 
and stay for career development purposes or to obtain training in 
business techniques or methods. 
 
 Admission of more than 2 intra-
corporate transferees at any one point in time will be granted only 
after consideration of Samoan 
citizen or permanent resident with the requisite skills and experience 
available for such employment.
1   
 
 Entry and stay of persons named in 
this category is 3 years maximum 
(renewable).    
                                                      
1 The requirement for considering Samoan c itizens or permanent residents with the requisite skills and experience may be fulfill ed by advertising the position in a 
newspaper of broad circulation (or equivalent electronic listing of hiring opportunities commonly consulted in Samoa) for a per iod of 30 days.  If after this period no person with 
the requisite skills and experience is identified by the company, the request for admission will be granted.   
   GATS/SC/147
 Page 5Modes of Supply:   (1)  Cross-border supply   (2)  Consumption abroad    (3)  Commercial presence   (4)  Movement of Natural Pe rsons 
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
 C. Personnel Engaged in 
Establishment 
 Persons who are employees of an 
enterprise not having commercial 
presence in Samoa and who stay 
temporarily in Samoa for the purpose of setting up a commercial 
presence of that enterprise in 
Samoa.  Personnel engaged in setting up commercial presence 
shall present proof of the 
commencement of business operation within 1 year of the date 
of entry of that person.  
 Entry and stay of persons named in 
this category is 1 year maximum 
(renewable).    
 D. Independent Service Suppliers  
 Self-employed natural persons with 
advanced technical or professional skills, working under a valid 
contract to perform a service in 
Samoa, and being the sole recipient of remuneration for the service 
supplied under the contract.  
 
 Admission will be granted after 
consideration of Sa moan citizen or 
permanent resident with requisite technical or professional skills 
available for such contract.  
  Entry and stay of persons named in 
this category is 1 year maximum.     
  GATS/SC/147 
Page 6 Modes of Supply:   (1)  Cross-border supply   (2)  Consumption abroad    (3)  Commercial presence   (4)  Movement of Natural Pe rsons 
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
II. SECTOR SPECIFIC COMMITMENTS 
1. BUSINESS SERVICES 
A. Professional Services 
(a) Legal Services 
Legal advisory  services on foreign 
and international law  (1) None 
(2) None 
(3) None (4) Unbound, except as indicated in the 
horizontal section (1) None 
(2) None 
(3) None (4) Unbound, except as indicated in the 
horizontal section Commercial association with local 
suppliers permitted  
 
(b) Accounting and Bookkeeping 
Services only with respect to the following
2:  
 
- Accounting review services  
(CPC 86212) 
- Compilation of financial statements 
services  
 (CPC 86213) - Other accounting service   (CPC 86219) 
- Bookkeeping services, except tax 
returns  
 (CPC 86220) (1) None 
(2) None 
(3) Joint venture with local partner 
required 
(4) Unbound, except as indicated in the 
horizontal section (1) None 
(2) None 
(3) None 
 (4) Unbound, except as indicated in the 
horizontal section  
(d) Architectural services 
 (CPC 8671) (1) None  
(2) None 
(3) Joint venture with local partner 
required 
(4) Unbound, except as indicated in the 
horizontal section (1) None 
(2) None 
(3) None  
 (4) Unbound, except as indicated in the 
horizontal section  
(e) Engineering services 
 (CPC 8672) (1) None 
(2) None 
(3) Only through incorporation in 
Samoa 
(4) Unbound, except as indicated in the 
horizontal section (1) None 
(2) None 
(3) None   
(4) Unbound, except as indicated in the 
horizontal section  
                                                      
2 For greater transparency, forei gn and local accountants must comply with the requ irements of the Samoa Institute of Accountant s.  
   GATS/SC/147
 Page 7Modes of Supply:   (1)  Cross-border supply   (2)  Consumption abroad    (3)  Commercial presence   (4)  Movement of Natural Pe rsons 
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
(f) Integrated engineering services 
 (CPC 8673)  (1) None 
(2) None 
(3) None (4) Unbound, except as indicated in the 
horizontal section (1) None 
(2) None 
(3) None (4) Unbound, except as indicated in the 
horizontal section  
B. Computer and Related Services  
 Computer and Related Services 
 (CPC 84 except CPC 845) (1) None 
(2) None (3) None 
(4) Unbound, except as indicated in the 
horizontal section (1) None 
(2) None (3) None 
(4) Unbound, except as indicated in the 
horizontal section  
E. Rental/Leasing Services without Operators  
(e) Leasing or rental services 
concerning personal or household 
goods: 
 - Leasing or rental services 
concerning other personal or 
household goods  
 (CPC 83209) (1) None 
(2) None 
(3) None 
(4) Unbound, except as indicated in the 
horizontal section (1) None 
(2) None 
(3) None 
(4) Unbound, except as indicated in the 
horizontal section  
F. Other Business Services  
(c) Management consulting services 
 (CPC 865)   (1) None 
(2) None (3) None 
(4) Unbound, except as indicated in the 
horizontal section (1) None 
(2) None (3) None 
(4) Unbound, except as indicated in the 
horizontal section  
(d) Services related to management 
 consulting (CPC 866)   (1) None 
(2) None 
(3) None (4) Unbound, except as indicated in the 
horizontal section (1) None 
(2) None 
(3) None (4) Unbound, except as indicated in the 
horizontal section   
  GATS/SC/147 
Page 8 Modes of Supply:   (1)  Cross-border supply   (2)  Consumption abroad    (3)  Commercial presence   (4)  Movement of Natural Pe rsons 
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
(e) Technical testing and analysis 
 services, including ship survey
 services:  
- Testing and Analysis Services of 
Physical Properties  
 (CPC 86762) 
- Testing and Analysis Services of 
Integrated Mechanical and Electrical Systems  
 (CPC 86763) 
- Technical Inspection Services   (CPC 86764) (1) None 
(2) None 
(3) None (4) Unbound, except as indicated in the 
horizontal section (1) None 
(2) None 
(3) None (4) Unbound, except as indicated in the 
horizontal section  
(h) Services incidental to mining 
 (CPC 883+5115)   (1) None 
(2) None (3) None 
(4) Unbound, except as indicated in the 
horizontal section (1) None 
(2) None (3) None 
(4) Unbound, except as indicated in the 
horizontal section  
 
(m) Related scientific and technical 
consulting services 
 (CPC 8675) (1) None 
(2) None (3) None 
(4) Unbound, except as indicated in the 
horizontal section (1) None 
(2) None (3) None 
(4) Unbound, except as indicated in the 
horizontal section  
(n) Maintenance and repair of 
equipment (not including maritime 
vessels, aircraft or other transportation equipment)   
 (CPC 6122, 633+8861-8866) (1) None 
(2) None 
(3) None (4) Unbound, except as indicated in the 
horizontal section (1) None 
(2) None 
(3) None (4) Unbound, except as indicated in the 
horizontal section   
   GATS/SC/147
 Page 9Modes of Supply:   (1)  Cross-border supply   (2)  Consumption abroad    (3)  Commercial presence   (4)  Movement of Natural Pe rsons 
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
2. COMMUNICATION SERVICES  
B. Courier Services  
Courier Services, including express 
delivery services3 in all areas except for 
the following services:  
(a) the collection, transport and 
delivery of domestic and cross-border addressed mail to PO Boxes 
in the following categories: 
 (i) addressed letters weighing not 
more than 100 grams; 
 (ii) small packages weighing up to 
2 kg; 
(b) the collection, transport and 
delivery to PO Boxes of domestic 
and international postal parcels weighing up to 20 kg; 
(c) the provision of PO Boxes; and 
(d) issuing of postage stamps.   (1) None 
(2) None 
(3) None (4) Unbound, except as indicated in the 
horizontal section (1) None 
(2) None 
(3) None (4) Unbound, except as indicated in the 
horizontal section  
 
C. Telecommunication services4 
Commitments are taken consistent with "Notes for Scheduling Basi c Telecom Services Commitments" (S/GBT/W/2/Rev.1) and "Market A ccess Limitations on Spectrum 
Availability" (S/GBT/W/3)  
Basic Services 
 (a) Voice telephone services  
(b) Packet-switched data transmission 
services 
(c) Circuit-switched data transmission 
services 
(d) Telex services (e) Telegraph services 
(f) Facsimile services 
(g) Private leased circuit services  
 (1) None 
(2) None 
(3) None (4) Unbound, except as indicated in the 
horizontal section  
 (1) None 
(2) None 
(3) None (4) Unbound, except as indicated in the 
horizontal section  
 The Independent State of Samoa 
undertakes to adopt the regulatory 
principles contained in the Reference Paper attached hereto. 
                                                      
3 Express delivery services include the collection, transport and delivery of documents, printed matter, parcels and/or other go ods on an expedited basis, while tracking 
and maintaining control of these items throughout the supply of the service.    
4 Excluding Broadcasting, which is defined as the uninterrupted chain of transmission required for the distribution of televisio n and radio program signals to the general 
public, but does not cover contribution links between operators.   
  GATS/SC/147 
Page 10 Modes of Supply:   (1)  Cross-border supply   (2)  Consumption abroad    (3)  Commercial presence   (4)  Movement of Natural Pe rsons 
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
Value-added services 
 
(h) Electronic mail (i) Voice mail 
(j) On-line information and data base 
retrieval 
(k) Electronic data interchange (EDI) 
(l) Enhanced/value-added facsimile 
services, including store and forward, store and retrieve 
(m) Code and protocol conversion 
(n) On-line information and/or data 
processing 
(o) Other  
 
(1) None (2) None 
(3) None 
(4) Unbound, except as indicated in the 
horizontal section  
 
(1) None (2) None 
(3) None 
(4) Unbound, except as indicated in the 
horizontal section  
D. Audio-visual Services  
(a) Motion picture and video 
distribution services 
 (CPC 96113**)5 
(b) Motion Picture projection service 
(CPC 9612) 
(c) Radio and television programme 
distribution services  
 (CPC 9613**)6 
 Television and radio broadcasting 
and transmission services, as well as the production of radio and 
television programmes, are 
specifically excluded 
(d) Sound recording (n.a.) (1) None 
(2) None (3) None 
(4) Unbound except as indicated in the 
horizontal section  (1) None 
(2) None (3) None 
(4) Unbound except as indicated in the 
horizontal section   
                                                      
5 For the purpose of this commitment, distribution means licensing of motion pictures or video to other enterprises, for exhibit ion, broadcasting, other transmission, or 
other use.  
6 For the purpose of this commitment, distribution means licensing of radio and television programs to other enterprises, for ex hibition, broadcasting, other transmission, 
or other use.   
   GATS/SC/147
 Page 11Modes of Supply:   (1)  Cross-border supply   (2)  Consumption abroad    (3)  Commercial presence   (4)  Movement of Natural Pe rsons 
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
3. CONSTRUCTION AND RELATED ENGINEERING SERVICES  
A. General construction work for 
buildings 
 (CPC 512) 
B. General construction work for 
civil engineering  
 (CPC 513) (1) None 
(2) None 
(3) Incorporation in Samoa required  (4) Unbound, except as indicated in the 
 horizontal section (1) None  
(2) None 
(3) None (4) Unbound, except as indicated in the 
horizontal section  
4. DISTRIBUTION SERVICES  
A Commission agents' services  
 (CPC 621) (1)  Unbound 
(2)  Unbound 
(3)  None 
(4)  Unbound except as indicated in the 
horizontal section  (1)  Unbound 
(2)  Unbound 
(3)  None 
(4)  Unbound except as indicated in the 
horizontal section   
D. Franchising  
 (CPC 8929) (1) None 
(2) None (3) None 
(4) Unbound, except as indicated in the 
horizontal section (1) None 
(2) None (3) None 
(4) Unbound, except as indicated in the 
horizontal section  
5. EDUCATIONAL SERVICES IN PRIVATE INSTITUTIONS 
A  Primary education services 
 (CPC 921) 
B. Secondary education services 
 (CPC 922) 
C. Higher education services 
 (CPC 923)  
D. Adult education  
 (CPC 924) 
E. Other education services  
 (CPC 929) 
- Training services (e.g. language 
training; driver's education; executive/management training; 
information technology training); 
education testing services after-school courses; educational 
programs offered during school 
breaks; tutoring and preparatory courses.  (1)   None 
(2)   None 
(3)   None (4)   Unbound except as indicated in the 
horizontal section (1)   None 
(2)   None 
(3)   None (4) Unbound except as indicated in the 
horizontal section   
  GATS/SC/147 
Page 12 Modes of Supply:   (1)  Cross-border supply   (2)  Consumption abroad    (3)  Commercial presence   (4)  Movement of Natural Pe rsons 
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
6. ENVIRONMENTAL SERVICES 
A. Sewage services 
 (CPC 9401) 
B. Refuse disposal services 
 (CPC 9402) 
C. Sanitation and similar services 
 (CPC 9403) 
D. Other  
 (CPC 9404, 9405, 9406)  (1) None  
(2) None 
(3) Joint venture with local partner 
required  
(4) Unbound except as indicated in the 
horizontal section (1) None  
(2) None 
(3) None  
(4) Unbound except as indicated in the 
horizontal section  
7. FINANCIAL SERVICES 
A. All Insurance and Insurance-Related Services 
i.  Direct Insurance (including 
co-insurance)  
(a) Life Insurance Services  
 (1) Unbound 
(2) Unbound 
(3) None  (4) Unbound except as indicated in the 
horizontal section  
 (1) Unbound 
(2) Unbound  
(3) None (4) Unbound except as indicated in the 
horizontal section  
(b) Non-life Insurance Services 
 (1) Unbound, except insurance relating 
to marine shipping and commercial 
aviation and space launching (including satellites), with such 
insurance to cover any or all of the 
following:  the goods being transported, the vehicle transporting 
the goods and any liability arising 
there from, where none 
(2) Unbound, except insurance relating 
to marine shipping and commercial 
aviation and space launching (including satellites), with such 
insurance to cover any or all of the 
following:  the goods being transported, the vehicle transporting 
the goods and any liability arising 
there from, where none 
(3) None  
(4) Unbound except as indicated in the 
horizontal section (1) Unbound, except as for services 
covered in the market access 
column, where none 
 
 
  
 
 (2) Unbound, except as for services 
covered in the market access 
column, where none 
 
 
  
 
 (3) None  
(4) Unbound except as indicated in the 
horizontal section   
   GATS/SC/147
 Page 13Modes of Supply:   (1)  Cross-border supply   (2)  Consumption abroad    (3)  Commercial presence   (4)  Movement of Natural Pe rsons 
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
ii. Reinsurance and retrocession  (1) None 
(2) None 
(3) None  (4) Unbound except as indicated in the 
horizontal section (1) None 
(2) None 
(3) None (4) Unbound except as indicated in the 
horizontal section  
iii. Insurance intermediation, such as 
brokerage and agency 
iv. Services auxiliary to insurance such 
as consultancy, actuarial, risk 
assessment and claim settlement 
services.  (1) Unbound, except insurance services 
for which commitments have been 
undertaken under (i) and (ii), where 
none 
(2) Unbound 
(3) None  
(4) Unbound except as indicated in the 
horizontal section (1) Unbound, except insurance services 
for which commitments have been 
undertaken under (i) and (ii), where 
none 
(2) Unbound 
(3) None 
(4) Unbound except as indicated in the 
horizontal section  
B. Banking and Other Financial services 
v. Acceptance of deposits and other 
repayable funds from the public 
vi. Lending of all types, including 
consumer credit, mortgage, credit, 
factoring and financing of 
commercial transactions 
vii. Financial leasing  
viii. All payment and money 
transmission services, including 
credit, charge and debit cards, 
travellers cheques and bankers drafts 
ix.  Guarantees and commitments (1) Unbound, except for items (xv) and 
(xvi) listed in the sectors and 
sub-sectors column, where none. 
(2) None  
(3) None  
(4) Unbound except as indicated in the 
horizontal section (1) Unbound, except for items (xv) and 
(xvi) listed in the sectors and 
sub-sectors column, where none. 
(2) None  
(3) None 
(4) Unbound except as indicated in the 
horizontal section   
  GATS/SC/147 
Page 14 Modes of Supply:   (1)  Cross-border supply   (2)  Consumption abroad    (3)  Commercial presence   (4)  Movement of Natural Pe rsons 
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
x.  Trading for own account or for 
account of customers, whether on 
an exchange, in an over-the-counter market or otherwise, the following: 
 - money market instruments 
(including cheques, bills,  
  certificates of deposits); 
 - foreign exchange; 
 - derivative products including, 
but not limited to, futures and 
options; 
 - exchange rate and interest rate 
instruments, including 
products such as swaps, 
forward rate agreements; 
 - transferable securities; and 
 - other negotiable instruments and 
financial assets, including bullion.    
xi.  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 
xii.  Money broking 
xiii. Asset management, such as cash or 
portfolio management, all forms of collective investment management, 
pension fund management, 
custodial, depository and trust services     
   GATS/SC/147
 Page 15Modes of Supply:   (1)  Cross-border supply   (2)  Consumption abroad    (3)  Commercial presence   (4)  Movement of Natural Pe rsons 
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
xiv. Settlement and clearing services for 
financial assets, including 
securities, derivative products, and other negotiable instruments 
xv. Provision and transfer of financial 
information, and financial data processing and related software by 
suppliers of other financial services 
xvi. Advisory, intermediation and other 
auxiliary financial services on all 
the activities listed in subparagraphs 
(v) through (xv), including credit reference and analysis, investment 
and portfolio research and advice, 
advice on acquisitions and on corporate restructuring and strategy.    
9.  TOURISM AND TRAVEL RELATED SERVICES 
A. Hotel and Restaurant Services 
 
(a) Hotel lodging services  
 (3 and above star hotels only)  
 (CPC 6411) (b) Food serving services  
 (CPC 642) 
(c) Beverage serving services without 
entertainment  
 (CPC 6431)  
 
(1) None  
(2) None 
(3) Only through incorporation in 
Samoa 
(4) Unbound except as indicated in the 
horizontal section  
 
(1) None 
(2) None 
(3) None   
(4) Unbound except as indicated in the 
horizontal section  
B. Tour Operators Services 
 Tour Operator Services are services 
of organizing and arranging 
package tours (all-inclusive tours). Such a package usually includes 
passenger and baggage 
transportation, accommodation, sightseeing arrangements and 
similar services provided during a 
package tour  
 (part of CPC 7471)  (1)  Unbound 
(2)  None 
(3)  None 
(4)  Unbound, except as provided in the 
horizontal section (1)  Unbound 
(2)  None 
(3)  None 
(4)  Unbound, except as provided in the 
horizontal section   
  GATS/SC/147 
Page 16 Modes of Supply:   (1)  Cross-border supply   (2)  Consumption abroad    (3)  Commercial presence   (4)  Movement of Natural Pe rsons 
Sector or Sub-sector Limitations on Market Access Li mitations on National Treatment Additional Commitments 
10.  RECREATIONAL, CULTURAL AND SPORTING SERVICES  
Cinema theatre operation services 
(part of CPC 96199) (1)  Unbound 
(2)  None 
(3)  None (4)  Unbound, except as provided in the 
horizontal section (1)  Unbound 
(2)  None 
(3)  None (4)  Unbound, except as provided in the 
horizontal section  
11. TRANSPORT SERVICES  
A. Maritime Transport Services  
(excluding cabotage) 
(a) Passenger transportation  
 (CPC 7211) 
(b) Freight transportation   (CPC 7212)  
 (1) Unbound 
(2) Unbound 
(3) Unbound (4) Unbound  
 (1) Unbound 
(2) Unbound 
(3) Unbound (4) Unbound The following services at the port are 
made available to the international maritime transport suppliers on 
reasonable and non-discriminatory terms 
and conditions:  
1. Pilotage; 
2. Towing and tug assistance; 3. Provisioning, fuelling and watering; 
4. Garbage collection; 
5. Port Captain's Services; 
6. Navigation Aids; 
7. Shore-based operational services 
essential to ship operations 
including communications, water 
and electrical supplies; and 
8. Anchorage, berth and berthing 
services. 
B. Air Transport Services  
- Selling and marketing of air 
 transport services7 
- Computer reservation system 
 services8 
- Aircraft repair and maintenance 
 services9  
 
(1) None  
(2) None (3) None 
(4) Unbound, except as provided in the 
horizontal section  
 
(1) None  
(2) None (3) None 
(4) Unbound, except as provided in the 
horizontal section  
 
 
                                                      
7 As defined in paragraph 6(b) of the Annex on Air Transport Services. 
8 As defined in paragraph 6(c) of the Annex on Air Transport Services. 
9 As defined in paragraph 6(a) of the Annex on Air Transport Services.  GATS/SC/147 
 Page 17 
 
 
  TELECOMMUNICATION REFERENCE PAPER 
Scope 
The following are definitions and principles on the regulatory framework for the basic 
telecommunications services.  
Definitions 
User  means 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  materially 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) its position in the market. 
1. Competitive Safeguards 
1.1 Prevention of Anti-Competitive Practices in Telecommunications 
Appropriate measures shall be maintained for th e purpose of preventing suppliers who, alone 
or together, are a major supplier from engaging  in or continuing anti-competitive practices. 
1.2 Safeguards 
The anti-competitive practices referred to above shall include in particular: 
 (a) engaging in anti-competitive cross-subsidization; 
(b) using information obtained from compet itors with anti-competitive results; and  
 (c) not making available to other services suppliers on a timely basis technical 
information about essential facilities and comm ercially relevant information which 
are necessary for them to provide services. 
2. Interconnection 
This section applies to linking with suppliers  providing public telecommunications transport 
network or services in order to allow the u sers of one supplier and to access services provided 
by another supplier, where specific commitments are undertaken. 
2.1 Interconnection to be Ensured 
Interconnection with a major supplier will be ensu red at any technically feasible point in the 
network.  Such interconnection is provided: GATS/SC/147 
Page 18  
 
   (a) under non-discriminatory terms, cond itions (including technical standards and 
specifications) and rates and of a quality no l ess favourable than that provided for its 
own like services or for like services of non-affiliated service suppliers or for its subsidiaries or other affiliates; 
 (b) in a timely fashion on terms, conditions (including technical standards and 
specifications) and cost-oriented rates that ar e transparent, reasonable, having regard 
to economic feasibility, and sufficiently unbundl ed so that the supplier need not pay 
for network components or facilities that it does not require for the service to be 
provided; and  
 (c) upon request, at points in addition to th e network termination points offered to the 
majority of users, subject to charges that reflect the cost of construction of necessary 
additional facilities. 
2.2 Public Availability of the Pro cedures for Interconnection Negotiations 
The procedures applicable for interconnection to a major supplier will be made publicly 
available. 
2.3 Transparency of Interconnection Arrangements 
It is ensured that a major supplier will make  publicly available either its interconnection 
agreements or a reference interconnection offer. 
2.4 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; or 
 (c) to an independent domestic body, whic h may be a regulatory body as referred to in 
paragraph 5 below, to resolve disputes re garding appropriate te rms, conditions and 
rates for Interconnection within a reasonable period of time, to the extent that these 
have not been established previously. 
3. Universal Service 
Any Member has the right to define the kind of universal service obligation it wishes to 
maintain.  Such obligations will not  be regarded as anti-competitive per se , provided they are 
administered in a transparent, non-discrimin atory and competitively neutral manner and are 
not more burdensome than necessary for the kind  of universal service defined by the Member. 
4. Public Availability of Licensing Criteria 
 Where a licence is required, the followi ng will be made publicly available: 
 (a) all the licensing criteria and the period of time normally required to reach a decision 
concerning an application for a licence; and 
 (b) the terms and conditio ns of individual licences. 
The reasons for the denial of a licence will be  made known to the applicant upon request.  GATS/SC/147 
 Page 19 
 
 
  5. Independent Regulators 
The regulatory body is separate from, and not accountable to, any supplier of basic 
telecommunications services.  The decisions of and the procedures used by regulators shall be 
impartial with respect to all market participants. 
6. Allocation and use of Scarce Resources 
Any procedures for the allocation and use of s carce resources, including frequencies, numbers 
and rights of way, will be carried out in  an objective, timely, transparent and 
non-discriminatory manner.  The current state of allocate frequency bands will be made publicly available, but detailed identification of frequencies allocated for specific government 
uses is not required. 
 
 
__________