RESTRICTED  WORLD TRADE  
ORGANIZATION  TN/S/O/USA/Rev.1 
28 June 2005 
 (05-2795) 
Council for Trade in Services 
Special Session  Original:   English 
 
 
UNITED STATES 
 
Revised Services Offer   
 
 The following revised offer has been receive d from the delegation of the United States, on 
31 May 2005, with the request that it be circulated to Members of the Council for Trade in Services. 
 
_______________ 
 
 1. The United States is pleased to introduce its revised  offer by the May 2005 deadline.  The offer is 
conditional upon securing meaningful new commitments from other WTO Members in the areas of importance to the United States. 
2. The United States considers the GATS negotiations to be essential for a successful conclusion to the 
Doha Development Agenda.  While the current U. S. commitments under the GATS already provide for 
one of the highest levels of effective market  access among WTO members, the United States proposes a 
number of improved and new commitments. 
3. In response to Members requests, the United States of fers to include references to the UN Provisional 
CPC, where feasible and is offering improved and new commitments in a wide variety of sectors.  These sectors include professional services, computer and related services (adoption of the CPC at the 2-digit level), other professional services (including the adoption of the CPC at the 3-digit level for management consulting services), communication services, educational services, financial services, and transportation 
services.  The United States is also scheduling comm itments according to proposals in sectors that have 
been identified as priorities among the friends groups such as energy services (pipeline transportation of 
fuels) and logistics services (i.e., express delivery services and services auxiliary to all modes of transport).  
4. Under these proposed new GATS commitments, as unde r current obligations, the United States will 
continue to be able to establish, maintain, and fully enforce its domestic laws protecting, inter alia , 
consumers, health, safety, and the environment, as well as take actions it considers necessary for the 
protection of its essential security interests. 
5. The United States is prepared to adopt new obliga tions under the GATS regarding transparency in the 
regulation of services, if other WTO Members are prepared to do so as well. We are pursuing this goal in the context of the negotiating mandate under the Working Party on Domestic Regulations, as well as on a sector-specific basis. 
6. The United States reserves the right to withdraw, modify , or reduce this offer, in whole or in part, at 
any time prior to the conclusion of the negotiations.  
7. The United States further reserves the right to make t echnical changes to this offer and to correct any 
errors, omissions, or inaccuracies.   TN/S/O/USA/Rev.1 
Page 2 UNITED STATES – REVISED OFFER 
 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
I. HORIZONTAL COMMITMENTS  
 
ALL SECTORS COVERED BY THIS SCHEDULE :  For the purpose of this schedule the "United States" is defined as encompassing the 50 states of the United 
States, plus the District of Columbia. 
 
All Sectors:  Temporary 
Entry And Stay of Natural Persons
1  
4) Unbound, except for measures concerning 
temporary entry and stay of nationals of another member who fall into the categories listed below:   
4) Unbound  
 
 
  
Services Salespersons  - persons not based in the 
territory of the United States and receiving no remuneration from a source located within the United States, who are engaged in activities related to representing a services supplier for the purpose of negotiating for the sale of the services of that supplier where:  a) such sales are not directly made to the general public and b) the salesperson is not engaged in supplying the service.  Entry for persons named in this section is limited to a ninety-day period.  
  
 
   
Intra-corporate Transferees
 - managers, 
executives and specialists, as defined below, who are employees of firms that provide services within the United States through a branch, subsidiary, or affiliate established in the United States and who have been in the prior employ of their firm outside the United States for a period of not less than one year immediately preceding the date of their application for admission and who are one of the following:  
  
 
                         
 1"Temporary entry" means entry without intent  to establish permanent residence under immi gration laws of the US and confers no r ights with respect to citizenship.  
US commitments regarding entry and temporary stay in th e US do not apply in cases of  labor/management disputes.   TN/S/O/USA/Rev.1
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  
a) Managers  - persons within an organization 
who primarily direct the organization, or a department or sub-division of the organization, supervise and control the work of other supervisory, professional or managerial employees, have the authority to hire and fire or recommend hiring, firing, or other personnel actions (such as promotion or leave authorization), and exercise discretionary authority over day-to-day operations.  Does not include first-line supervisors, unless the employees supervised are professionals, nor does it include employees who primarily perform tasks necessary for the provision of the service.  
  
 
   
b) Executives  - persons within the organization 
who primarily direct the management of the organization, establish the goals and policies of the organization, exercise wide latitude in decision-making, and receive only general supervision or direction from higher-level executives, the board of directors, or stockholders of the business.  Executives would not directly perform tasks related to the actual provision of a service or services of the organization.  
  
  TN/S/O/USA/Rev.1 
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  
c) Specialists  - persons within an organization 
who possess knowledge at an advanced level of continued expertise and who possess proprietary knowledge of the organization's services, research equipment, techniques, or management.  (Specialists may include, but are not limited to, members of licensed professions.)   
  
 
   
Entry for persons named in this section is limited 
to a three-year period that may be extended for up to two additional years for a total term not to exceed five years.  
  
 
   
Personnel Engaged in Establishment
 - A person 
who has been employed in the immediately preceding year by an entity described in Section II, receiving remuneration from that source, who occupies a managerial or executive position with that entity and is entering the territory of the United States for the purpose of establishing an entity described in Section II that will support employment of persons named in paragraphs a), b), and c) therein.  The subject persons shall present proof of acquisition of physical premises for the entity that shall commence its business operations within one year of the date of entry of that person. 
  
  
   TN/S/O/USA/Rev.1
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  
Fashion Models and Specialty Occupations  - Up 
to 65,000 persons annually on a worldwide basis in occupations as set out in 8 USC. ' 1101 (a) (15) (H) (i) (b), consisting of (i)  fashion models who are of distinguished merit and ability; and (ii) persons engaged in a specialty occupation, requiring (a) theoretical and practical application of a body of highly specialized knowledge; and (b) attainment of a bachelor's or higher degree in the specialty (or its equivalent) as a minimum for entry into the occupation in the United States.  Persons seeking admission under (ii) above shall possess the following qualifications: (a) full licensure  in a US state to practice in the occupation, if such licensure is required to practice in the occupation in that state; and (b) completion of the required degree, or experience in the specialty equivalent to the completion of the required degree and recognition of expertise in the specialty through progressively responsible positions relating to the specialty.  Entry for persons named in this section is limited to three years.  
  
  TN/S/O/USA/Rev.1 
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  
Specialty occupation aliens and their employers 
must be in compliance with all labor condition application requirements that are attested to by the established employer.  These requirements are: a) wages paid to the person are the greater of: 1) the actual wage paid by the employer to individuals in that place of employment with similar qualifications and experience, or 2) the prevailing wage for that occupational classification in the area of employment; b) conditions of work are such that they will not adversely affect working conditions for those similarly employed; c) there is no strike or lockout in the course of a labor/management dispute in progress at the place of employment affecting the subject occupation; labor/management dispute in progress at the place of employment;  
  
 
   
d) the employer has not laid off or otherwise 
displaced workers in the subject occupation in the previous six months and will not lay off or displace any US worker during the 90-day period following the filing of an application or the 90-day periods preceding and following the filing of any visa petition supported by the application; e) the employer has taken and is taking timely and significant steps to recruit and retain sufficient US workers in the specialty occupation; and f) notice is given at the time of application by the employer to employees or their representatives at the place of employment.  
  
   TN/S/O/USA/Rev.1
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
All Sectors: Acquisition of 
Land  
3) None  
3) The federal government restricts initial 
sale of federally-owned lands to US citizens.  (Preceding restriction does not apply to foreign-owned companies formed under the laws of any state of the United States.)   
 
   
  
Acquisition of land reclaimed with 
federal funds and reclamation of desert land is restricted to individual US citizens  
 
   
  
Ownership of land by non-US citizens 
is limited in:  Kentucky (restrictions apply only to individuals, not to foreign-owned companies incorporated within the United States) and South Carolina (applies to individuals and foreign-owned corporations).  
 
   
  
Purchase of land by non-US citizens not 
resident within the state is restricted in:  Oklahoma, Florida, and Wyoming.  In Mississippi, non-US citizens may not purchase more than 5 acres for residential property, or more than 320 acres for industrial development.  
 
   
  
Non-US citizens may not purchase or 
bid on sales of public lands in:  Hawaii, Idaho, Mississippi, Montana, and Oregon  
  TN/S/O/USA/Rev.1 
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
All Sectors: Taxation 
Measures  
1) None 
 2) None  3) None  
1), 2), 3) At the federal level, with respect 
to direct taxes: 
 
Differential tax treatment may be provided between trusts created or organized in the United States to provide employee benefits and trusts not created or organized in the United States and their respective beneficiaries.  Such provisions affect the taxation of the income of the trust or the beneficiary, the availability of deductions to taxpayers for contributions to the trust, and tax administration requirements;  these provisions include different rules for allowing deductions to, and determining the earnings of, foreign employee benefit plans.   
 
   
  
An increase in the rate or a widening of 
the base of a federal income tax may be imposed on a national, resident or corporation of a foreign country where a national, resident or corporation of the United States is being subjected to discriminatory or extraterritorial taxes (as described in section 891 or section 896 of the Internal Revenue Code).  
   TN/S/O/USA/Rev.1
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
  At the federal level, with respect to taxes 
other than direct taxes:  
 
  
  
 An excise tax may be imposed in 
connection with transfers of any property by a citizen or resident of the United States, or by a domestic entity (corporations, partnership, estate or trust) to a foreign entity (corporation partnership, estate or trust).   
 
   
  
 An excise tax may be imposed on US 
source gross investment income of foreign organizations that are private foundations.   
 
   
4) Unbound, except as indicated in the 
horizontal section 
  
4) None  
 
 All Sectors: Subsidies  
1) Unbound 
 2) Unbound  
1) Unbound 
 2) Unbound  
 
   
3) None  
3) The Federal Overseas Private 
Investment Corporation (OPIC) insurance and loan guarantees are not available to certain aliens, foreign enterprises, and foreign-controlled enterprises established in the United States  
 
   
  
 Trade and Development Agency 
financing is limited to:  
 
   
  
I. individuals 1) who are either US citizens 
or non-US citizens lawfully admitted for permanent residence in the United States and 2) whose principal places of business are in the United States, or  
  TN/S/O/USA/Rev.1 
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  
  
II. privately-owned commercial 
corporations or partnerships that are incorporated or legally organized under the laws of the United States and whose principal places of business are in the United States and (1) that are more than 50 per cent beneficially owned by individuals who are US citizens or (2) that have been incorporated or legally organized in the United States for more than 3 years, have performed similar services in each of the prior 3 years, and employ US citizens in more than half of their permanent full-time positions in the United States and have the existing capability in the United States to perform the contract   
   TN/S/O/USA/Rev.1
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  
  
 Unbound for measures at the federal, 
state or local levels that accord rights or preferences to members of socially or economically disadvantaged groups in the United States, including:  
 
   
  
 Federal Small Business Administration 
– loans are restricted to US citizens or companies that are 100 per cent owned by US citizens and whose directors are all US citizens  
 
   
  
 Maine - The Maine Veterans Small 
Business Loan Guarantee Program provides guarantees to eligible resident veterans for business loans from local lending institutions.  A qualifying business is one that is independently owned and operated in Maine, and the applicant must be a war veteran.  The Small Business Loan Guarantee Program in Maine provides guarantees of loans made by private lenders to eligible residents of Maine for business purposes.  
 
   
  
 Maryland - The Maryland Small 
Business Development Financing Authority makes direct loans to socially or economically disadvantaged business persons.  Applicants must be US citizens and have a business that is 70 per cent owned by socially or economically disadvantaged persons.    Applicants for the Maryland Small Business Surety Bond Guarantee Program must be US citizens and, if entities, must have their principal places of business in Maryland.  
  TN/S/O/USA/Rev.1 
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  
  
 Minnesota - Community Development 
Corporations are only eligible to receive grants if 60 per cent of their directors are residents of the specific geographic community in Minnesota within which they will operate.  
 
   
  
 Oregon - Oregon law requires that the 
Economic Development Corporation (EDC) give preference in OBDF loans to businesses owned in whole or in part by dislocated timber workers.  
 
   
  
 Pennsylvania - Minority Business 
Development Authority provides long-term low interest loans to minority-owned businesses.  Applicants must be Blacks, Aleuts, Eskimos, Hispanics or American Indians who are residents of Pennsylvania.  
 
   
  
 Unbound for research and development 
subsidies  
 
   
4) Unbound, except as indicated in the 
horizontal section  
4) None  
 
      TN/S/O/USA/Rev.1
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
II. SECTOR-SPECIFIC COMMITMENTS 
 
1. BUSINESS SERVICES 
 
A. PROFESSIONAL 
SERVICES    
a) 1) Legal Services: practices 
as or through a qualified 
US lawyer For the following jurisdiction, the following 
commitments apply: in (all states)  1) Services must be supplied by a natural person  An in-state office must be maintained for 
licensure in:  District of Columbia, Indiana (or an affiliate with an office and with other attorneys in the state), Michigan, Minnesota (or maintain individual residency in Minnesota), Mississippi, New Jersey, Ohio, South Dakota and Tennessee.   
  1) In-state or US residency is required for 
licensure in:  Hawaii,  Iowa, Kansas, 
Massachusetts, Michigan, Minnesota (or maintain an office in Minnesota), Mississippi, Nebraska, New Jersey, New Hampshire, Oklahoma, Rhode Island, South Dakota, Vermont, Virginia, Wyoming.  
 
  
2) Services must be supplied by a natural person
 An in-state office must be maintained for 
licensure in:  District of Columbia, Indiana (or an affiliate with an office and with other attorneys in the state), Michigan, Minnesota (or maintain individual residency in Minnesota), Mississippi, New Jersey, Ohio, South Dakota and Tennessee.  
2) In-state or US residency is required for 
licensure in:  Hawaii,  Iowa, Kansas, 
Massachusetts, Michigan, Minnesota (or maintain an office in Minnesota), Mississippi, Nebraska, New Jersey, New Hampshire, Oklahoma, Rhode Island, South Dakota, Vermont, Virginia, Wyoming.  
 
 3) Services must be supplied by a natural person
  Partnership in law firms is limited to persons 
licensed as lawyers 
 
 US citizenship  is required to practice before 
the US Patent and Trademark Office  
 3) None , except US residency is required 
to practice before the US Patent and 
Trademark Office  
  
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
  
4) Services must be supplied by a natural 
 person  
 An in-state office must be maintained for 
licensure in:  District of Columbia, Indiana (or an affiliate with an office and with other attorneys in the state), Michigan, Minnesota (or maintain individual residency in Minnesota), Mississippi, New Jersey, Ohio, South Dakota and Tennessee. 
 US citizenship  is required to practice before 
the US Patent and Trademark Office   
4) In-state or US residency is required for 
licensure in:  Hawaii,  Iowa, Kansas, 
Massachusetts, Michigan, Minnesota (or maintain an office in Minnesota), Mississippi, Nebraska, New Jersey, New Hampshire, Oklahoma, Rhode Island, South Dakota, Vermont, Virginia, Wyoming. 
 
US residency is required to practice 
before the US Patent and Trademark 
Office   
 
a) 2) Legal Services: 
consultancy on law of jurisdiction where service supplier is qualified as a lawyer (such consultancy excludes the following: i) appearing for a person other than himself or herself as attorney in any court, or before any magistrate or other judicial officer, in this state (other than upon admission pro haec vice
); For the following jurisdiction, the following 
commitments apply: Alaska2 
 1) None  2) None  3) None  4) Unbound, except as indicated in the 
horizontal section  
  1) None  2) None  3) None  4) None   
  a) Practice of international law: 
permitted, provided foreign legal consultant (FLC) is competent. 
b) Practice of 3rd-country law: 
permitted provided that FLC obtains written legal advice from an attorney licensed in that jurisdiction. 
c) Practice of host-country law: 
permitted provided that FLC obtains written legal advice from an attorney licensed to practice in that jurisdiction.  
 ii) preparing any 
instrument effecting the transfer or registration of title to real estate located  
  
 d) Association with local 
lawyers: partnerships with local lawyers permitted. 
e) Employment of local 
                         
 2 The following information is provided for transparency purposes only.  A supplier re gularly providing services in the jurisdic tion is required to be licensed as a foreign legal consultant 
(FLC) in Alaska.  Licensure is subject to meeting requirements of  registration, an experience requi rement (5 of the 7 years pre ceding registration must have been spent practicing law), certification 
of registration and good standing with home- country bar, meeting the professional liability insurance requirement, and agreemen t to be bound by the Rules of Disciplinary Enforcement, Ethics 
Opinions adopted by the Board of Governors of the Alaska Bar Association, and the Code of Pr ofessional Responsibility.  Profess ional privileges apply to all foreign lawyers.   TN/S/O/USA/Rev.1
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Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
in the United States of 
America; iii) preparing any will or trust instrument effecting the disposition on death 
 of any property located 
in the United States of America and owned by a resident thereof, or any instrument relating to the administration of a decedent's estate in the United States of America; and iv) preparing any instrument in respect of the marital or parental relations, rights or duties of a resident of the United States of America, or the custody or care of the children of such a resident.) lawyers: permitted. 
f) Use of firm name: permitted.g) Other: n/a.   TN/S/O/USA/Rev.1 
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 For the following jurisdiction, the following 
commitments apply: Arizona3   
 1) None 
 
2) None  
3) In-state office required  
4) Unbound, except as indicated in the 
horizontal section.  Additionally, an in 
state office is required. 1) None  
2) None  
3) None  
4) None  a) Practice of international 
law: permitted to the 
extent incorporated in 
home-country law. 
b) Practice of 3rd-country 
law: permitted to the 
extent incorporated in 
home-country law. 
c) Practice of host-country 
law: not permitted.  
d) Association with local 
lawyers: partnership with 
local lawyers: permitted. 
e) Employment of local 
lawyers: permitted. 
f)     Use of firm name:          
permitted. 
g)      Other: n/a.  
  
For the following jurisdiction, the following 
commitments apply: California4 
 1) None  2) None  3) None  4) Unbound, except as indicated in the 
horizontal section  
 
  1) None  2) None  3) None  4) None  
 
 a) Practice of international law: 
permitted to the extent incorporated in home-country law. 
b) Practice of 3rd-country law: 
not permitted. 
c) Practice of host-country law: 
not permitted.  
d) Association with local 
lawyers:  partnership with local lawyers permitted. 
                         
3 The following information is provided for transparency purposes on ly.  A supplier regularly providing services in the jurisdict ion is required to be licensed as a foreign legal 
consultant (FLC) in Arizona.  Licensure is subject to meeting requirements of registration, an experience requirement (5 of the  7 years preceding registration must have been spent 
practicing law), a minimum age requirement of  18 years, certification of registration a nd good standing with home-country bar, and agreement to be bound by the rules of professional 
conduct.  Professional privileges apply to all foreign lawyers. 
 4 The following information is provided for transparency purposes only.  A supplier regularly providing services is required to be licensed as a foreign legal consu ltant in California. Licensure is 
subject to meeting requirements of registration, an experience re quirement (4 of the 6 years preceding registration must have b een spent practicing law), certification of registration and good   TN/S/O/USA/Rev.1
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Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  
  
  
e) Employment of local 
lawyers: permitted. 
f) Use of firm name: permitted.g) Other: n/a. 
 
  
For the following jurisdiction, the following 
commitments apply:  Connecticut5 
  
  
 
 1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 1) None 
 2) None  3) None  4) None  a) Practice of international law: 
permitted to the extent incorporated in home-country law. 
b) Practice of 3rd-country law: 
permitted provided FLC first 
obtains advice from an attorney licensed in that jurisdiction. 
c) Practice of host-country law: 
not permitted.  
d) Association with local 
lawyers: partnership with local attorneys permitted. 
e) Employment of local 
lawyers: permitted. 
f) Use of firm name: 
permitted. 
g) Other: n/a. 
                                                                                                                         
standing with home-country bar, meeting the professional liability  insurance requirement, and agreement to be bound by the requ irements of the State Bar of California.  Professional privileges 
apply to all foreign lawyers.  
5 The following information is provided for transparency purposes only.  A supplier re gularly providing services is required to be licensed as a foreign legal consultant in Connecticut. 
Licensure is subject to meeting requirement s of registration, a minimum age of 26 year s, an experience requirement (5 of the 7 years preceding registration must have been spent practicing law), 
certification of registration, meeting the professional liability  insurance requirement, an ove rdraft notification, good standi ng with home-country bar, and a written commitment to observe the 
Connecticut Rules of Professional Conduct.  Profe ssional privileges apply to all foreign lawyers.  TN/S/O/USA/Rev.1 
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
 For the following jurisdiction, the following 
commitments apply: District of Columbia6 
   
 1) None 
 2) None  3) In-state office required  4) Unbound, except as indicated in the 
horizontal section.  Additionally, an in-state office is required. 1) None 
 2) None  3) None  4) None a) Practice of international law: 
permitted, provided FLC is competent. 
b) Practice of 3rd-country law: 
permitted, provided FLC is competent. 
c) Practice of host-country law: 
permitted provided FLC first 
obtains advice from an attorney licensed in that jurisdiction and identifies the person to the client.  
d) Association with local 
lawyers: partnership with local lawyers permitted. 
e) Employment of local 
lawyers: permitted. 
f) Use of firm name: permitted.g) Other: n/a. 
 For the following jurisdiction, the following 
commitments apply: Florida7 
 1) None  2) None  3) None 
  
  1) None  2) None  3) None   
  
a) Practice of international law: 
permitted to the extent incorporated in home-country law. 
b) Practice of 3rd-country law: 
not permitted. 
 4) Unbound, except as indicated in the 4)  None c) Practice of host-country law: 
                         
 6 The following information is provided for transparency purposes only.  A supplier re gularly providing services in the jurisdic tion is required to be licensed as a foreign legal 
consultant in the District of Columbia.  Licensure is subject to meeting requirement s of registration, a minimum age of 26 year s, an experience requirement (5 of the 8 years preceding 
registration must have been spent practicing law), certificati on of registration and good standing with home-country bar, meeti ng the professional liability insurance requirement, and a 
written commitment to be bound by the Code of Professional Respons ibility of the American Bar Association.  Professional privil eges apply to all foreign lawyers. 
 7 The following information is provided for transparency purposes only.  A supplier regularly providing services in the jurisdic tion is required to be licensed as  a foreign legal consultant in 
Florida.  Licensure is subject to meeti ng requirements of registration,  a minimum age of 26 years, an experience requirement (5  of the 7 years preceding registration must have been spent 
practicing law), certification of registrati on and good standing with home-country bar, a nd a sworn statement to abide by the R ules of Professional Conduct.  Pr ofessional privileges apply to all 
foreign lawyers.   TN/S/O/USA/Rev.1
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
horizontal section not permitted. 
d) Association with local 
lawyers: partnerships with local lawyers permitted. 
e) Employment of local 
lawyers: permitted. 
f) Use of firm name: permitted.
g) Other: n/a. 
 For the following jurisdiction, the following 
commitments apply: Georgia8 
 1) None  2) None  3) None  
4) Unbound, except as indicated in the 
horizontal section  
  1) None  2) None  3) None  4) None  
  a) Practice of international law: 
permitted to the extent 
incorporated in 
home -country law . 
b) Practice of 3rd-country law: 
not permitted.  may render 
legal advice regarding the 
law of a non-US 
jurisdiction   
c) Practice of host-country law: 
not permitted. 
d) Association with local 
lawyers: partnership with local lawyers permitted. 
e) Employment of local 
lawyers: permitted. 
f) Use of firm name: permitted.g) Other: n/a 
                         
 8 The following information is provided for transparency purposes only.  A supplier regularly providing services in the jurisdic tion is required to be licensed as a foreign legal consultant 
in Georgia.  Licensure is subject to meeting requirements of registration, an experience requirement (5 of the 7 years precedin g registration must have been spen t practicing law), certification of 
registration and good standing with home-count ry bar, and a commitment to observe the Rules of Professional Responsibility and Disciplinary Rules applicable to members of the State Bar of 
Georgia.  Professional privileges apply to all foreign lawyers.  TN/S/O/USA/Rev.1 
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 For the following jurisdiction, the following 
commitments apply: Hawaii9  
   
 
  
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section  
1) None 
 2) None  3) None  4) None  
a) Practice of international law: 
permitted, provided FLC is competent. 
b) Practice of 3rd-country law: 
permitted provided FLC obtains advice from an attorney licensed in that jurisdiction and identifies that person to the client. 
c) Practice of host-country law: 
permitted provided FLC obtains advice from an attorney licensed in that jurisdiction and identifies that person to the client. 
d) Association with local 
lawyers: partnership with local lawyers permitted.  
e) Employment of local 
lawyers: permitted. 
f) Use of firm name: permitted.g) Other: n/a. 
                         
 9 The following information is provided for transparency purposes only.  A supplier regularly providing services in the jurisdic tion is required to be licensed as a foreign legal consultant 
in Hawaii.  Licensure is subject to mee ting requirements of registrati on, a minimum age of 26 years,  an experience requirement (5 of the 7 years preceding registration must have been spent 
practicing law), and certification of regist ration and good standing with home-country ba r.  Professional privileges apply to a ll foreign lawyers.   TN/S/O/USA/Rev.1
 Page 21 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 For the following jurisdiction, the following 
commitments apply: Illinois10 
   
 1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 1) None 
 2) None  3) None  4) None a) Practice of international law: 
permitted to the extent incorporated in home-country law. 
b) Practice of 3rd-country law: 
not permitted. 
c) Practice of host-country law: 
not permitted. 
d) Association with local 
lawyers: partnership with local lawyers permitted. 
e) Employment of local 
lawyers: permitted. 
f) Use of firm name: permitted.g) Other: n/a 
                         
 10The following information is provided for transparency purposes onl y.  A supplier regularly providing services in the jurisdict ion is required to be licensed as  a foreign legal consultant in 
Illinois.  Licensure is subject to meeting requirements of regi stration, an experience requirement (5 of the 7 years preceding registration must have been sp ent practicing law), meeting the 
professional liability insurance requirement, a written commitment to observe the Rules of Professional Conduct, and certificat ion of registration and good sta nding with home-country bar.  
Professional privileges apply to all foreign lawyers.  TN/S/O/USA/Rev.1 
Page 22  
 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 For the following jurisdiction, the following 
commitments apply: Indiana11 
   
 1) None 
 
2) None  
3) In-state office required  
4) Unbound, except as indicated in the 
horizontal section.  Additionally, an in 
state office is required. 1) None  
2) None  
3) None  
4) None a) Practice of international 
law: not permitted 
b) Practice of 3rd-country 
law: not permitted. 
c) Practice of host-country 
law: not permitted. 
d) Association with local 
lawyers: partnership with 
local lawyers: permitted. 
 e) Employment of local         
lawyers: permitted. 
f)   Use of firm name: permitted
g) Other: n/a. 
                         
 11 The following information is provided for transparency purposes on ly.  A supplier regularly providing services in the jurisdict ion is required to be licensed as a foreign legal 
consultant (FLC) in Indiana.  Licensure is subject to meeting requirements of registration, an experience requirement (5 of the  7 years preceding registration must have been spent 
practicing law), certification of registration and good standing with home-country bar wherein lawyers are subject to effective  regulation and discipline, and agreement to be bound by 
the rules of professional conduct.  Professional privileges apply to all foreign lawyers.   TN/S/O/USA/Rev.1
 Page 23 
 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 For the following jurisdiction, the following 
commitments apply: Louisiana12 
   
 1) None 
 
2) None  
3) None  
4) Unbound, except as indicated in the 
horizontal section 1) None  
2) None  
3) None  
4) None a) Practice of international 
law: permitted, provided 
FLC is competent 
b) Practice of 3rd-country 
law: permitted. 
c) Practice of host-country 
law: not permitted. 
d) Association with local 
lawyers: partnership with 
local lawyers: permitted. 
 e) Employment of local         
lawyers: permitted. 
f)   Use of firm name: permitted
                         
12 The following information is provided for transparency purposes on ly.  A supplier regularly providing services in the jurisdict ion is required to be licensed as a foreign legal consultant 
(FLC) in Louisiana.  Licensure is subject to meeting requirements  of registration, an experience requirement (5 years immediate ly preceding registration must have been spent practicing law 
(or as a full-time professor or instructor if the applicant wishes to become licensed as a legal consultant at an accredited un iversity or college)), a minimu m age requirement of 26 years, 
certification of registration and good standing with home-count ry bar wherein lawyers are subject to effective regulation and d iscipline, and agreement to be bound by the rules of   professional 
conduct.  Professional privileges apply to all foreign lawyers.  TN/S/O/USA/Rev.1 
Page 24  
 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 For the following jurisdiction, the following 
commitments apply: Massachusetts13 
   
 1) None 
 
2) None  
3) In-state office required  
4) Unbound, except as indicated in the 
horizontal section.  Additionally, an in-
state office is required. 1) None  
2) None  
3) None  
4) None a) Practice of international 
law: no specific provision 
b) Practice of 3rd-country law: 
no specific provision  
c) Practice of host-country law: 
not permitted. 
d) Association with local 
lawyers: partnership with 
local lawyers: no specific 
provision. 
 e) Employment of local         
lawyers: permitted. 
f)  Use of firm name: permitted
g) Other: n/a. 
                         
 13 The following information is provided for transparency purposes only.  A supplier regularly providing services in the jurisdict ion is required to be licensed as a foreign legal consultant 
(FLC) in Massachusetts.  Licensure is subject to meeting requirem ents of registration, an experience requirement (the 5 years p receding registration must have been spent practicing law), 
certification of registration and good standing with home-country bar wherein lawyers are subject to effective regulation and d iscipline, and agreement to be bound by the rules of professional 
conduct.  Professional privileges apply to all foreign lawyers.   TN/S/O/USA/Rev.1
 Page 25 
 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 For the following jurisdiction, the following 
commitments apply: Michigan14 
   
 1) None 
 2) None  3) None 1) None 
 2) None  3) In-state residency required a) Practice of international law: 
permitted to the extent incorporated in home-country law. 
b) Practice of 3rd-country law: 
not permitted. 
 4) Unbound, except as indicated in the 
horizontal section 4) In-state residency required c)  Practice of host-country law: 
not permitted. 
d) Association with local 
lawyers: partnership with local lawyers permitted. 
e) Employment of local 
lawyers: permitted. 
f) Use of firm name: permitted.g) Other: n/a.   
                         
14 The following information is provided for transparency purposes only.  A supplier re gularly providing services in the jurisdic tion is required to be licensed as a foreign legal consultant 
in Michigan.  Licensure is subject to meeting requirements of registration, a minimum age of 18 years, an experience requiremen t (3 of the 5 years preceding registration must have been spent 
practicing law), and certification of regist ration and good standing with home-country ba r.  Professional privileges apply to a ll foreign lawyers.  TN/S/O/USA/Rev.1 
Page 26  
 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  
 For the following jurisdiction, the following   
commitments apply: Minnesota15 
  
  
 
 1) None 
 2) None  3) In-state office required  4) Unbound, except as indicated in the 
horizontal section.  Additionally, an in-state office is required. 1) None 
 2) None  3) None  4) None a) Practice of international law: 
permitted to the extent incorporated in home-country law. 
b) Practice of 3rd-country law: 
not permitted. 
c) Practice of host-country law: 
not permitted. 
d) Association with local 
lawyers: partnership with local lawyers permitted. 
e) Employment of local 
lawyers: permitted. 
f) Use of firm name: permitted.g) Other: n/a  
                         
 15 The following information is provided for transparency purposes only.  A supplier re gularly providing services in the jurisdic tion is required to be licensed as a foreign legal consultant 
in Minnesota.  Licensure is subject to m eeting requirements of registra tion, a minimum age of 26 years, an experience requireme nt (5 of the 7 years preceding registration must have been spent 
practicing law), certification of registration and good standing with  home-country bar, and are subject to the Minnesota Rules of Professional Conduct.  Professiona l privileges apply to all foreign 
lawyers.   TN/S/O/USA/Rev.1
 Page 27 
 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 For the following jurisdiction, the following 
commitments apply: Missouri16   
 1) None 
 
2) None  
 3) Association with an in-state law office is 
required 
 
4) Unbound, except as indicated in the 
horizontal section.  Additionally, 
association with an in-state law office is 
required. 1) None  
2) None  
3) None   
4) None a) Practice of international 
law: permitted 
b) Practice of 3rd-country law: 
permitted 
c) Practice of host-country 
law: not permitted 
d) Association with local 
lawyers: partnership with 
local lawyers: permitted. 
 e) Employment of local         
lawyers: permitted 
f) Use of firm name: permitted
g) Other: n/a. 
                         
16 The following information is provided for transparency purposes only.  A supplier regularly providing services in the jurisdict ion is required to be licensed as a foreign legal 
consultant (FLC) in Missouri.  Licensure is subject to meeting requirements of registration, passing the Multi-state Profession al Responsibility Examinatio n, an experience requirement 
(5 of the 10 years preceding registration must have been spent practicing law), a minimum age requirement of 27 years, certific ation of registration and good standing with home-country 
bar wherein lawyers are subject to effective regulation and discip line, and agreement to be bound by the rules of professional conduct.  Professional privileges apply to all foreign 
lawyers.  
  TN/S/O/USA/Rev.1 
Page 28  
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 For the following jurisdiction, the following 
commitments apply: New Jersey17 
   
 1) None 
 2) None 
 3) In-state office required  4) Unbound, except as indicated in the 
horizontal section.  Additionally, an in-state office is required. 1) None 
 2) None  3) None  4) None a) Practice of international law: 
permitted to the extent incorporated in home-country law. 
b) Practice of 3rd-country law: 
permitted provided FLC obtains advice from an attorney licensed in that jurisdiction and identifies that person to the client. 
c) Practice of host-country law: 
permitted provided FLC obtains advice from an attorney licensed in that jurisdiction and identifies that person to the client. 
d) Association with local 
lawyers: partnership with local lawyers permitted. 
e) Employment of local lawyers: 
permitted. 
f) Use of firm name: permitted. g) Other: n/a. 
 
                         
 17 The following information is provided for transparency purposes only.  A supplier regularly providing services in the jurisdic tion is required to be licensed as  a foreign legal consultant in 
New Jersey.  Licensure is subject to meeting requirements of re gistration, an experience requirement (5 of the 7 years precedin g registration must have been sp ent practicing law), meeting the 
professional liability insurance requirement, certification of re gistration and good standing with home-country bar, and shall observe the Rules of Professional Conduct of the American Bar 
Association.  Professional privilege s apply to all foreign lawyers.   TN/S/O/USA/Rev.1
 Page 29 
 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 For the following jurisdiction, the following 
commitments apply: New Mexico18   
 1) None 
 
2) None  
3) None  
4) Unbound, except as indicated in the 
horizontal section.   1) None  
2) None  
3) None  
4) None a) Practice of international 
law: permitted to the extent 
incorporated in home 
country law 
b) Practice of 3rd-country 
law: permitted to the extent 
incorporated in home 
country law 
c) Practice of host-country 
law: permitted, provided 
such law is also applicable 
to the foreign country 
where the legal consultant 
is admitted to practice or 
on the basis of advice from 
a person duly qualified or 
entitled 
d) Association with local 
lawyers: partnership with 
local lawyers: no specific 
provision 
 e) Employment of local         
lawyers: permitted 
f)     Use of firm name: 
permitted 
g) Other: n/a. 
                         
 18 The following information is provided for transparency purposes only.  A supplier regularly providing services in the jurisdic tion is required to be licensed as a foreign legal 
consultant (FLC) in New Mexico.  Licensure is subject to meetin g requirements of registration, an experience requirement (5 of the 7 years preceding registration must  have been spent 
practicing law), a minimum age requirement of  21 years, certification of registration and good standing with home-country bar w herein lawyers are subject to effective regulation and 
discipline, and agreement to be bound by the rules of professional conduct.   Professional privileges apply to all foreign lawye rs. 
  TN/S/O/USA/Rev.1 
Page 30  
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 For the following jurisdiction, the following 
commitments apply: New York19 
   
 1) None 
 2) None  
3) In-state office required  4) Unbound, except as indicated in the 
horizontal section.  Additionally, an in-state office is required. 1) None 
 2) None  3) None  4) None a) Practice of international law: 
permitted, provided FLC is competent. 
b) Practice of 3rd-country law: 
permitted, provided FLC is competent. 
c) Practice of host-country law: 
permitted to practice NY and federal law provided FLC relies on advice from a person duly qualified and entitled to render professional legal advice on NY or US law.  Permitted to practice law of other US states, provided FLC is competent. 
d) Association with local 
lawyers: partnership with local  lawyers permitted. 
e)  Employment of local 
lawyers: permitted. 
f) Use of firm name: 
unrestricted. 
g) Other: n/a. 
 
 
 
  
 
 Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
                         
 19 The following information is provided for transparency purposes only.  A supplier regularly providing services in the jurisdic tion is required to be licensed as a foreign legal consultant 
in New York.  Licensure is subject to m eeting requirements of registra tion, a minimum age of 26 years, an experience requiremen t (3 of the 5 years preceding registration must have been spent 
practicing law), certification of registration and good standing w ith home-country bar, meeting the professional liability insu rance requirement, and agreement to be bound by the New York Bar 
Code of Ethics.  Professional privile ges apply to all foreign lawyers.   TN/S/O/USA/Rev.1
 Page 31Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 For the following jurisdiction, the following 
commitments apply: North Carolina20   
 1) None 
 
2) None  
3) In-state office required  
4) Unbound, except as indicated in the 
horizontal section.  Additionally, an in-
state office is required. 1) None  
2) None  
3) None  
4) None a) Practice of international 
law: permitted, provided 
authorization from the State 
Supreme Court. 
b) Practice of 3rd-country law: 
permitted, provided 
authorization from the State 
Supreme Court. 
c) Practice of host-country law: 
not permitted. 
d) Association with local 
lawyers: partnership with 
local lawyers: permitted. 
e) Employment of local 
lawyers: permitted. 
f) Use of firm name:         
permitted. 
g) Other: n/a.  
                         
 20 The following information is provided for transparency purposes only.  A supplier regularly providing services in the jurisdic tion is required to be licensed as a foreign legal consultant 
(FLC) in North Carolina.  Licensure is subject to meeting requirem ents of registration, an experience requirement (5 of the 7 y ears preceding registration must have been spent practicing 
law), a minimum age requirement of 21 years, certification of reg istration and good standing with home-country bar wherein lawy ers are subject to effective regulation and discipline, and 
agreement to be bound by the rules of professional conduct.   Professional privileges apply to all foreign lawyers.  TN/S/O/USA/Rev.1 
Page 32  
 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 For the following jurisdiction, the following 
commitments apply: Ohio21 
   
 1) None 
 2) None  3) In-state office required  
4) Unbound, except as indicated in the 
horizontal section.  Additionally, an in-state office is required. 1) None 
 2) None  3) None  4) None a) Practice of international law: 
permitted. 
b) Practice of 3rd-country law: 
permitted if FLC obtains advice from an attorney licensed in that jurisdiction and identifies that person to the client. 
c) Practice of host-country law: 
permitted if FLC obtains advice from an attorney licensed in that jurisdiction and identifies that person to the client. 
d) Association with local 
lawyers: partnership with local lawyers not permitted. 
   e) Employment of local 
lawyers: permitted. 
f) Use of firm name: permitted.g) Other: n/a.  
                         
 21 The following information is provided for transparency purposes only.  A supplier regularly providing services in the jurisdic tion is required to be licensed as  a foreign legal consultant in 
Ohio.  Licensure is subject to meeting re quirements of registration, a minimum age of 21 years, an experience requirement (4 of  the 6 years preceding registration must have been spent practicing 
law), certification of registration and good standing with home-c ountry bar, meeting the professional liability insurance requi rement, and being subject to th e Ohio Code of Professional 
Responsibility and the disciplinary procedural rules set forth in Gov. Bar R.V.  Professional pr ivileges apply to all foreign l awyers.   TN/S/O/USA/Rev.1
 Page 33 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 For the following jurisdiction, the following 
commitments apply: Oregon22 
   
 1) None 
 2) None  3) None  
4) Unbound, except as indicated in the 
horizontal section 1) None 
 2) None  3) None  4) None a) Practice of international law: 
permitted to the extent incorporated in home-country law. 
b) Practice of 3rd-country law: 
permitted if FLC obtains advice from an attorney licensed in that jurisdiction and identifies that person to the client. 
   c) Practice of host-country law: 
permitted if FLC obtains advice from an attorney licensed in that jurisdiction and identifies that person to the client. 
   d) Association with local 
lawyers: partnership with local  lawyer permitted. 
   e) Employment of local 
lawyers: permitted 
f) Use of firm name: permitted.g) Other: n/a. 
                         
 22 The following information is provided for transparency purposes only.  A supplier regularly providing services in the jurisdic tion is required to be licensed as a foreign legal consultant 
in Oregon.  Licensure is subject to mee ting requirements of registrati on, a minimum age of 18 years,  an experience requirement (5 of the 7 years preceding registration must have been spent 
practicing law), and certification of regi stration and good standing with home-country bar, meeting the professional liability insurance requirement, and agreement to comply with ORS 
Chapter 9, the Oregon Code of Professional Responsibility and the Oregon State Bar's Rules of Pro cedure.  Professional privileg es apply to all foreign lawyers.  TN/S/O/USA/Rev.1 
Page 34  
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
  
For the following jurisdiction, the following 
commitments apply: Texas23 
 1) None  2) None  3) None  
4) Unbound, except as indicated in the 
horizontal section  
 
  1) None  2) None  3) In-state residency required  4) In-state residency required  
  a) Practice of international law: 
permitted to the extent incorporated in home-country law. 
b) Practice of 3rd-country law: 
not permitted. 
c) Practice of host-country law: 
not permitted. 
d) Association with local 
lawyers: partnership with local lawyers permitted. 
e) Employment of local 
lawyers: permitted. 
f) Use of firm name: permitted.g) Other: n/a. 
                         
 23 The following information is provided for transparency purposes only.  A supplier re gularly providing services in the jurisdic tion is required to be licensed as a foreign legal consultant 
in Texas.  Licensure is subject to meeti ng requirements of registration,  a minimum age of 26 years, an experience requirement ( 5 of the 7 years preceding registration must have been spent 
practicing law), meeting the professional liability insurance requirement, certification of re gistration and good standing with  home-country bar, and taking an oath  to abide by the State Bar Act, 
the State Bar Rules, and the Texas Disciplinary Rules of Profe ssional Conduct.  Professional priv ileges apply to all foreign la wyers.   TN/S/O/USA/Rev.1
 Page 35 
 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 For the following jurisdiction, the following 
commitments apply: Utah24   
 1) None 
 
2) None  
3) In-state office required  
4) Unbound, except as indicated in the 
horizontal section.  Additionally, an in-
state office is required. 1) None  
2) None  
3) None  
4) None a) Practice of international 
law: permitted to the 
extent incorporated in 
home-country law 
b) Practice of 3rd-country 
law: permitted to the 
extent incorporated in 
home-country law 
c) Practice of host-country 
law: not permitted 
d) Association with local 
lawyers: partnership with 
local lawyers: permitted. 
e) Employment of local 
lawyers: permitted. 
f) Use of firm name: 
permitted 
g) Other: n/a. 
 
                         
 24 The following information is provided for transparency purposes on ly.  A supplier regularly providing services in the jurisdict ion is required to be licensed as a foreign legal 
consultant (FLC) in Utah.  Licensure is subject to meeting requi rements of registration, passing the Multi-state Professional R esponsibility Examination, succ essful completion of the 
one-day Office of Professional Conduct Ethics  School of the Utah Bar, certification of registration and good standing with home -country bar wherein lawyers are subject to effective 
regulation and discipline, and agreement to be bound by the rules of professional conduct.  Prof essional privileges apply to al l foreign lawyers. 
   TN/S/O/USA/Rev.1 
Page 36  
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 For the following jurisdiction, the following 
commitments apply: Washington25 
   
 1) None 
 2) None  3) None   4) Unbound, except as indicated in the 
horizontal section 1) None 
 2) None  
3) In -state residency required at time 
admitted  None  
 
4) In -state residency required at time 
admitted  None  a) Practice of international 
law: permitted to the extent incorporated in home-country law. 
b) Practice of 3rd-country law: 
not permitted. 
c) Practice of host-country 
law: not permitted. 
d) Association with local 
lawyers: partnerships with local lawyers permitted. 
e) Employment of local 
lawyers: permitted. 
f) Use of firm name: 
permitted. 
g) Other: n/a. 
                         
 25 The following information is provided for transparency purposes only.  A supplier regularly providing services in the jurisdic tion is required to be licensed as a foreign legal consultant 
in Washington.  Licensure is subject to meeting requirements of  registration, an experience requi rement (5 of the 7 years prece ding registration must have b een spent practicing law), and 
certification of registration and good standing with home-c ountry bar, and agreement to be bound by the Discipline  Rules for Lawyers  Enforcement of Lawyer Conduct  and the Rules of 
Professional Conduct.  Professional priv ileges apply to all foreign lawyers.   TN/S/O/USA/Rev.1
 Page 37 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 For the following jurisdiction, the following 
commitments apply: Other States  1) None  2) None  
3) Unbound for Alabama, Arizona,  Arkansas, 
Colorado, Delaware, Idaho, Indiana,  Iowa, 
Kansas, Kentucky, Louisiana,  Maine, 
Maryland, Massachusetts,  Mississippi, 
Missouri,  Montana, Nebraska, Nevada, New 
Hampshire, New Mexico, North Carolina,  
North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, 
Tennessee, Utah,  Vermont, Virginia, West 
Virginia, Wisconsin, Wyoming. 
  
  1) None  2) None  3) None            
 
  
4) Unbound for Alabama, Arizona,  Arkansas, 
Colorado, Delaware, Idaho, Indiana,  Iowa, 
Kansas, Kentucky, Louisiana,  Maine, 
Maryland, Massachusetts,  Mississippi, 
Missouri,  Montana, Nebraska, Nevada, New 
Hampshire, New Mexico, North Carolina,  
North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, 
Tennessee, Utah,  Vermont, Virginia, West 
Virginia, Wisconsin, Wyoming.  
4) None  
  TN/S/O/USA/Rev.1 
Page 38  
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
b) Accounting, Auditing and 
Bookkeeping Services 
 (CPC 862) 
  1) None 
 2) None  3) Sole proprietorships or partnerships are 
limited to persons licensed as accountants, 
except in Iowa where accounting firms must 
incorporate  
 4) Unbound, except as indicated in the 
horizontal section.  In addition, an in-state 
office must be maintained for licensure in  to 
receive a license to perform audits in :  
Arkansas, Connecticut, Iowa, Kansas, Kentucky, Michigan, Minnesota, Nebraska, New Hampshire, New Mexico, Ohio, Vermont, and Wyoming. 
  US citizenship  is required for licensure in 
North Carolina. 
  1) None 
 2) None  3) None     
4) In-state residency is required for 
licensure in  to receive a license to 
perform audits in :  Arizona, Arkansas, 
Connecticut, District of Columbia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, 
Oklahoma , Rhode Island, South Carolina, 
Tennessee, and West Virginia.  
Will consider undertaking 
implementation of GATS 
Disciplines in Regulation of the 
Accountancy Sector (WTO 
Disciplines adopted in 1998) if 
others do the same.  
c) Taxation Services 
 (CPC 863) 
 
  1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
 1) None 
 2) None  3) None  4) None    TN/S/O/USA/Rev.1
 Page 39 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
d) Architectural Services 
        (CPC 8671) 
 
 1) None 
 2) None  3) Two-thirds of the officers, partners, and/or 
directors of an architect ural firm in Michigan 
must be licensed in Michigan as architects, professional engineers and/or land surveyors. 
 4) Unbound, except as indicated in the 
horizontal section 
 1) None 
 2) None  3) None     4) None Will consider undertaking 
commitments for architects 
similar to those adopted for 
accountants in the WTO 
Disciplines in Regulation of the 
Accountancy Sector (adopted in 
1998), if others do the same.  
e) Engineering Services 
        (CPC 8672) 
 
 
 
f) Integrated Engineering 
Services (CPC 8673)  
 
 1) None 
 2) None  3) None  
4) Unbound, except as indicated in the 
horizontal section.  In addition, US 
citizenship is required for licensure in the 
District of Columbia.  1) None 
 2) None  3) None  4) In-state residency is required for 
licensure in:  Idaho, Iowa, Kansas, Maine, Mississippi, Nevada, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, and West Virginia.  Will consider undertaking 
commitments for engineers 
similar to those adopted for 
accountants in the WTO 
Disciplines in Regulation of the 
Accountancy Sector (adopted in 
1998), if others do the same.  
g) Urban Planning & 
Landscape Services 
(CPC 8674)  
 
 1) None 
 2) None  3) Two-thirds of the officers, partners, and/or 
directors of an architect ural firm in Michigan 
must be licensed in Michigan as architects, professional engineers and/or land surveyors
 4) Unbound, except as indicated in the 
horizontal section. 
 1) None 
 2) None  3) None     4) None   TN/S/O/USA/Rev.1 
Page 40  
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
B. COMPUTER AND 
RELATED SERVICES (MTN.GNS/W/120 a) - e), except airline computer reservation systems) 
 
 (CPC 84) 
  
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section  
1) None 
 2) None  3) None  4) None  
   TN/S/O/USA/Rev.1
 Page 41 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
D. REAL ESTATE 
SERVICES 
  
 - Real estate services 
involving own or 
leased property (CPC 
821)  
 
      Renting or leasing 
services involving own 
or leased residential 
property   
 
 - Renting or leasing 
services involving own 
or leased non -
residential property   
 
 - Residential buildings 
and land  sales   
 
 - Non-residential 
buildings and land 
sales   
 
 - Non-residential vacant 
land sales   
 - Real estate services on 
a fee or contract basis  
(CPC 822)  
     
 - Residential property 
management services 
on a fee or contract 
basis    
 
  1) None    2) None  3) None  
4) Unbound, except as indicated in the 
horizontal section.  In addition, US citizenship is required for licensure as a real estate broker in:  Mississippi and New York. 
 
  
1) Corporations that own real estate in 
Florida must maintain an office and registered agent in Florida 
 2) None  3) None  4) In-state residency or US citizenship is 
required for licensure as a real estate broker in South Dakota  
  TN/S/O/USA/Rev.1 
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 - Non-residential 
property management 
services on a fee or 
contract basis   
 
 - Residential buildin gs 
and land sales on a fee 
or contract basis   
  
  
  
 
 
 - Residential vacant 
land sales on a fee or 
contract basis   
 
 - Non-residential 
buildings and land 
sales on a fee or 
contract basis   
 
 - Non-residential vacant 
land sales on a fee or 
contract basis   
  
  
  
 
 E. RENTAL/LEASING 
SERVICES WITHOUT OPERATORS:  
  
  
 
 c) Relating to Other 
Transport Equipment 
(CPC 83101+83102 
+83105)  
 
d) Relating to Other 
Machinery and Equipment 
(CPC 83106 – 83109)  
 
e) Other (except Harbor 
Dredges)  (CPC 832)  
 
  
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
   
1) None 
 2) None  3) None  4) None  
   TN/S/O/USA/Rev.1
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
F. OTHER BUSINESS 
SERVICES  
  
  
 
 
a) Advertising 
 
 - Sale or leasing 
services of advertising 
space or time   
 
 - Planning, creating and 
placemen t services of 
advertising   
 
 - Other advertising 
services   (except aerial 
advertising and 
skywriting) (CPC 
871) 
  
 
 1) None  2) None  3) None  4) Unbound, except as indicated in the  horizontal section  
 
 1) None  2) None  3) None  4) None    
 
 
b) Market Research and 
Public Opinion Polling 
Services  (CPC 864)  
 
 - Market research 
services  
 
 - Public opinion polling 
            services     
 
  1) None  2) None  3) None  4) Unbound, except as indicated in the 
horizontal section  
 
  1) None  2) None  3) None  4) None  
  TN/S/O/USA/Rev.1 
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
c) Management Consulting 
Services  (CPC 865)  
 
 - General management 
consulting services   
 
 - Financial management 
consulting services 
(except business tax)   
 
 - Marketing 
management 
consulting services   
 
 - Human resources 
management 
consulting se rvices   
 
 - Production 
management 
consulting services   
 
 - Public relations 
 services   
 
 - Other management 
consulting services    
  
 
  1) None  2) None  3) None  4) Unbound, except as indicated in the 
horizontal section  
 
  1) None  2) None  3) None  4) None  
   TN/S/O/USA/Rev.1
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
d) Services Related to 
Management Consulting 
(CPC 866)  
 
 - Project management 
services other than for 
construction   
 
 - Arbitration and 
conciliation services   
 
 - Other management 
services n.e.c .  
 
  
  1) None  2) None  3) None  4) Unbound, except as indicated in the 
horizontal section  
  1) None  2) None  3) None  4) None  
 
f) Services Incidental to 
Agriculture, Hunting and Forestry (except provision of agricultural machinery with drivers and crew, harvesting and related services, services of farm labor contractors, and 
aerial fire fighting) (CPC 
881) 
  
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
  
1) None 
 2) None  3) None  4) None  
 
 g) Services Incidental to 
Fishing (CPC 882)   
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
  
1) None 
 2) None  3) None  4) None  
  TN/S/O/USA/Rev.1 
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
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) None  
 
 j) Services Incidental to 
Energy Distribution  
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
  
1) None 
 2) None  3) None  4) None  
 
k) Placement and Supply 
Services of Personnel 
     (CPC 872) 
 
 - Executive search 
services   
 
 - Placement services of 
office support 
personnel and other 
workers    
  1) None  2) None  3) US citizenship is required for ownership of 
employment agencies in Arkansas.  
  1) None  2) None  3) None  
 - Supply services of 
office support 
personnel   
 
 - Supply services of 
domestic help  
personnel  
 4) Unbound, except as indicated in the 
horizontal section.  In addition, US citizenship is required for licensure as an employment agent, employment agency counselor and employment agency manager in Arkansas. 4) None  
   TN/S/O/USA/Rev.1
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 - Supply services of 
other commercial or 
industrial workers   
 
 - Supply services of 
nursing personnel   
 
 - Supply services of 
other personnel      
l) Investigation and Security 
Services (CPC 873)  
 
 - Investigation servic es  
 
 - Security consultation 
services   
 
 - Alarm monitoring 
services   
 
       -    Armored car services   
 
 - Guard services   
 
 - Other security services   
  1) None  2) None  3) Permanent resident alien status or US 
citizenship is required to own contract security companies in Maine 
 4) Unbound, except as indicated in the 
horizontal section.  In addition, permanent resident alien status or US citizenship is required for private investigators and security guards in:  Maine and New York.   
  1) None  2) None  3) None    4) In-state residency is required for private 
detectives in Michigan  
 
m) Related Scientific & 
Technical Consulting (except land surveying for the purpose of establishing legal boundaries, aerial surveying and aerial 
map-making) (CPC 8675)   
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
  
1) None26 
 
2) None26 
 
3) None26 
 4) None  
 
n) Maintenance & Repair of 
Equipment (except maritime vessels, aircraft,  
   
   
                         
        26 For those functions where an engineering degree is required, the US limitations on engineering also apply.   TN/S/O/USA/Rev.1 
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
and other transport 
equipment) (CPC 633, 
8861-8866) 
 
 - Repair services of 
personal and 
household goods   
 
 - Repair services of 
fabricated metal 
products, except  
machinery and 
equipment, on a fee or 
contract basis   
 
 - Repair services of 
machinery and 
equipment n.e.c., on a 
fee or contract basis   
 
 - Repair services n.e.c. 
of office, accounting 
and computing 
machinery, on a fee or 
contract   
  
  1) None  2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
  
  
1) None  2) None  3) None  4) None   TN/S/O/USA/Rev.1
 Page 49 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
 - Repair services of 
electrical m achinery 
and apparatus n.e.c., 
on a fee or contract 
basis   
 
 - Repair services of 
radio, television and 
communication 
equipment and 
apparatus, on a fee or 
contract basis   
 
 - Repair services of 
medical, precision and 
optical instruments, 
watches and clocks , on 
a fee or contract basis   
  
  
  
 
 o) Building-Cleaning 
Services (CPC 874)  
 
 - Disinfecting and 
exterminating services  
 
 - Window cleaning 
services   
 
 - Janitorial services   
 
 - Other building 
cleaning services   
  
 
  1) Unbound*  2) None  3) None  4) Unbound, except as indicated in the 
horizontal section  
 
  1) Unbound*  2) None  3) None  4) None  
  TN/S/O/USA/Rev.1 
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
p) Photographic Services 
(except aerial photographic services) 
(CPC 875)  
     
 - Portrait photography 
services   
 
 - Advertising and 
related photography 
services   
 
 - Action photography 
services   
 
 - Specialty photography 
services   
 
 - Photography 
processing services   
 
 - Motion picture 
processing services 
not related to the 
motion picture and 
television industries   
  
 
   1) None  2) None  3) None  4) Unbound, except as indicated in the 
horizontal section  
 
   1) None  2) None  3) None  4) None  
 
 
 
 - Restoration, copying 
and retouching 
services of 
photography   
 
 - Other photographic 
services   
  
  
  
   TN/S/O/USA/Rev.1
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
q) Packaging Services 
      (CPC 8760) 
 
 - Services cons isting in 
packaging goods for 
others on a fee or 
contract basis, such as 
food products, 
pharmaceuticals, 
household cleaners, 
toilet preparations and 
hardware using a 
variety of automated 
or manual packaging 
techniques including 
blister forming and 
packagin g, shrink or 
skin wrapping, form 
filling and sealing, 
pouch filling, bottling 
and aerosol packaging. 
 Parcel packing and 
gift wrapping are also 
included. This service 
may also include the 
labeling or imprinting 
of the package.  
  
 
 1) None  2) None  3) None  4) Unbound, except as indicated in the 
horizontal section  
 
 1) None  2) None  3) None  4) None  
  TN/S/O/USA/Rev.1 
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
r) Publishing (Only part of 
MTN.GNS/W/120 category:  "r) Printing, 
Publishing") (part of 
CPC 88442)    
1) None 
 2) None  3) A single company or firm is not permitted 
to own a combination of newspaper, radio and/or TV broadcast stations serving the same local market 
 4) Unbound, except as indicated in the 
horizontal section 
  
1) None 
 2) None  3) None     4) None  
 
 
s) Convention Services 
 (CPC 87909)  
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
  
1) None 
 2) Unbound with respect to tax deductions  3) None  4) None  
 
t) Other - 
 
 Translation and  
interpretation services 
only (CPC 87905)    
1) None 
 
2) None  
3) None  
4) Unbound, except as indicated in the 
horiyontal section  
1) None 
 
2) None  
3) None  
4) None     TN/S/O/USA/Rev.1
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Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
2. COMMUNICATION 
SERVICES  
  
  
 
 
B. Express Delivery 
Services: Express delivery 
services are time -
sensitive, utilize advanced 
technologies for 
communication, and are 
integrated or controlled 
from end -to-end.  Express 
delivery services consist 
of the expedited 
collection, transport and 
delivery of documents, 
printed matter, parcels, 
and/or other goods, while 
tracking the location of, 
and maintaining control 
over, such items 
throughout the supply of 
the service.  Express 
delivery services also may 
include one or more value 
added elements, such as 
collection from an address 
designated by the sender; 
release upon signature; 
guarantee of delivery   
1), None, except:  (a) letters subject to the  
2), Private Express Statutes (18 U.S.C. 1693 et  
3) seq., 39 U.S.C. 601 et seq. and 39 CFR 310  
et seq.), but not including letters subject to 
the exceptions to, or suspensions 
promulgated under, those statutes; (b) 
delivery of it ems to mail receptacles (18 
U.S.C. 1725) and post office boxes (39 
CFR 111.1 & Domestic Mail Manual 
D910); (c) access to the US Postal Service 
under the Universal Postal Union 
Convention or other arrangements pursuant 
to 39 U.S.C. 407; (d) the right to inv est in 
the U.S. Postal Service; and (e) right to 
make or print U.S. postage stamps (18 
U.S.C. 501)  
  
4) Unbound except as indicated in the 
horizontal section  
      
1), None, except:  (a) letters subject to   
2), the Private Express Statutes (18 U.S.C.   
3) 1693 et seq., 39 U.S.C. 601 et seq. and  
39 CFR 310 et seq.), but not including 
letters subject to the exceptions to, or 
suspensions promulgated under, those 
statutes; (b) delivery of items to mail 
receptacles (18 U.S.C. 1725) and post 
office boxes (39 CFR 1 11.1 & Domestic 
Mail Manual D910); (c) access to the 
US Postal Service under the Universal 
Postal Union Convention or other 
arrangements pursuant to 39 U.S.C. 407; 
(d) the right to invest in the U.S. Postal 
Service; and (e) right to make or print 
U.S. post age stamps (18 U.S.C. 501)  
 
4) None  
  
The United States will consider 
undertaking commitments to 
establish or maintain 
appropriate measures, 
substantive and/or procedural to 
address certain cross -
subsidization of express delivery 
services, such as may aris e from 
monopoly first -class letter 
carriage, if other Members are 
prepared to do so as well.   TN/S/O/USA/Rev.1 
Page 54  
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
within a specified time; 
electronic and/or other 
advanced technologies; and 
ability of the sender to 
confirm delivery .27 
 B. 
  
  
  
 
A/B Postal/Courier 
Services28,29 
 
- Express Delivery 
Services30,31 
  
  
1) None  
2) None  
3) None  
4) Unbound, except as indicated in the 
 horizontal section 
  
  
1) None  
2) None  
3) None  
4)  None The United States will consider 
undertaking commitments to 
establish or maintain 
appropriate measures, 
substantive and/or procedural 
to address certain cross-
subsidization of express 
delivery services, such as may 
arise from monopoly first-class 
letter carriage, if other 
Members are prepared to do so  
as well.  
                         
 27 This classification is activities -based and d oes not distinguish among service suppliers.  Subject to the limitations noted above, commitments made in 
the Express Delivery Services sector shall include all express delivery services defined above that are supplied on a competiti ve and commercial basis .  Express 
Delivery services do not include maritime transport services or services to which the Annex on Air Transport Services applies , but include certain services 
performed in connection with express delivery,  which are classified elsewhere in W/120.  To the extent not already reflected in its GATS commitments, the 
United States is considering commitments on such services, which include:  
1Fc: inventory management services  
1Fq: packaging services  
1Ft: order processing services, production planning and co ntrol services  
2Cj online information and data processing  
11Fd: maintenance and repair of road transport equipment  
part of 11Fb: road freight transportation pe rformed in connection with express delivery  
part of 11Fc: rental of commercial vehicles with ope rators performed in connection with express delivery  
part of 11Fe: supporting services for road trans port performed in connection with express delivery  
part of 11H: container station and depot services  performed in connection with express delivery  
part of 11Hb: storage and warehousing services performed in connection with express delivery  
part of 11Hc: freight transport agency services  performed in connection with express delivery  
part of 11Hd: other supporting and auxiliary transport services performed in connection with express delivery  
28 The commitments for the sectors listed in this section do not include maritime transport services or services to which the Anne x on Air Transport Serv ices applies.  In 
addition, these commitments do not include an y rights to access the U.S. Postal Service network, including any rights provided under the Universal Postal Union Acts or other   TN/S/O/USA/Rev.1
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C. Land -based - Courier 
Services   (except courier 
services involving any prior 
or subsequent movement by 
air)  
  -   Other delivery services  
 
1) None, except unbound for services 
supplied by the U.S. Postal Service in 
accordance with a universal service 
obligation as provided under domestic 
law32 or the Universal Postal Union Acts.  
 
2) None   
3) None, except unbound for services 
supplied by the U.S. Postal Service in 
accordance with a universal service 
obligation as provided under domestic 
law31 or the Universal Postal Union Acts.  
 
4) Unbound, except as indicated in the  horizontal section  
 
1) None      2) None  3) None      4) None  
 
                                                                                                                         
international postal agreements or arrangements, or to access U.S. Postal Service post office boxes and recipient mail receptac les. 
29 Unless otherwise indicated, this classification does not dist inguish among service suppliers.  Subject to any scheduled limita tions, commitments made in these sectors shall 
include all services supplied on a competitive or commercial basis.    
30 Express Delivery Services are a combination of the collection, sorting, transport, and delivery of documents, printed matter, parcels, goods, or other items on an expedited 
basis relative to conventional delivery s ervices, while maintaining a ccountability to the customer throughout the supply of the  service.  Express Delivery Services include value-
added elements such as collection from point of origin, personal  delivery to addressee, guaranteed delivery within a specified period of time, tracing and tracking, possibility of 
changing the destination and addressee in transit, and confirmation of receipt.        
31 For transparency purposes, conventional delivery of letters, i. e., letters that are not extremely urgent, is a governmental se rvice exclusively reserved to the U.S. Postal 
Service. Under present practice, a letter is presumed to be ex tremely urgent if either (1) the letter’s value or usefulness wil l be lost or greatly diminished if not delivered within 
specific urgent time limits, and the private carrier meets that time limit, or (2) the amount paid for private delivery of the letter is at least $3.00 or tw ice the applicable First-Class 
rate (including Priority Mail), whichever is greater.  The pri ce threshold may be modified over time to account for inflation.  
32 Under U.S. law, the universal service obligation requires the U.S. Postal Service to receive, transmit, and deliver throughout  the United States written and 
printed matter, parcels, and like materials.  TN/S/O/USA/Rev.1 
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Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
C.  
D. Basic  
Telecommunications Services
33 
  The transmission between 
or among points specified 
by the user, of information 
of the users choosing, 
without change in the 
form or content of the 
information as sent  or and 
received, as defined in 47 
U.S.C. 153 (43) .  Services 
can be supplied on either a 
public or private basis, 
regardless of the facilities 
used.   These services 
may be provided on a 
facilities basis or non-
facilities basis, and 
encompass local, long-
distance, or 
international services, 
for public or non-public 
use, and may be 
provided through any 
means of technology. 
 
 Services include:  
 a) Voice telephone services  
b) Packet-switched data  
 
1) None  2) None  3) None, other than    
Comsat has exclusive rights to links with 
Intelsat and Inmarsat.   
  - Ownership of a common carrier radio 
 license: 
   Indirect: None  
   Direct: May not be granted to or held by (a) foreign government or the 
representative thereof  
  (b) non-U.S. citizen or the representative of 
any non-U.S. citizen   
  
 
1) None  2) None  3) None  
The United States undertakes 
the obligations contained in the 
reference paper attached hereto.  
 Supplementing the United States 
Reference Paper commitments 
(attached) the United States 
commits to:  
 Maintain an absence of national 
government ownership in public 
telecommunications service 
suppliers;  
 Maintain a national 
telecommunications regulatory 
body independent of executive 
and legislative branches, which 
is required to employ 
transparent procedures in 
developing rules (including 
notice and comment) and is 
empowered to enforce 
regulations through sanctions,   
                         
 33 Excluding one -way satellite transmissions of DTH and  DBS television services and of digital audio services.    TN/S/O/USA/Rev.1
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Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 transmission services 
(note: packet switched 
services classified as 
information services are 
not considered basic 
telecommunications 
services.)  
 c) Circuit-switched data  transmission services  (c) any corporation not organized under the 
laws of the United States or  
 
 (d) U.S. corporation of which more than 
20% of the capital stock is owned or voted by a foreign government or its representative, non-U.S. citizens or their representatives or a corporation not organized under the laws of the United States.  
          including fines and revocation 
of licenses; and  
 Permit licensed suppliers of 
basic telecommunications 
services  choice of technology 
used in the supply of services, 
subject to requirements 
necessary to fulfill legitimate 
public policy objectives . 
d) Telex services  e) Telegraph services  f) Facsimile services  g) Private leased circuit 
services 4) Unbound except as indicated by horizontal 
commitments 4) Unbound except as indicated by 
horizontal commitments. In addition, subject to the 
national regulatory body's 
appropriate exercise of 
forbearance authority under 47 
U.S.C 160, and subject to 
exemptions for certain rural 
carriers, the United States also 
commits, with respect to 
suppliers defined under 47 
U.S.C. 153 (26) as local 
exchange carriers to:   
 
[Note: New definition, and 
same list of services moved to 
value-added services, below]  
 Enhanced 
Telecommunications 
Services, as defined by the 
US Federal 
Communications 
Commission in Section 
64.702 of the 
Commission's Rules and 
Regulations:  services, 
offered over common 
carrier transmission 
facilities (i.e., public 
telecommunicatio ns   
 
    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   
Ensure that local exchange 
carriers, provide dialing parity;  
 Maintain measures prohibiting 
local exchange carriers from 
imposing unreasonable or 
discriminatory conditions or 
limitations on the resale of 
public telecommunications 
services;  
 Ensure that local exchange 
carriers  provide number 
portability where technically 
feasible;  
 Ensure that local exchange 
  TN/S/O/USA/Rev.1 
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Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
transport services) which 
employ computer 
processing applications 
that:   carriers provide access to poles, 
ducts, conduits and rights of 
way at just and reasonable rates 
and on non-discriminatory terms 
and 
i) act o n the format, content 
code, protocol or similar 
aspects of the subscriber's 
transmitted information; 
or   conditions to competing basic 
public telecommunications 
service suppliers . 
 
ii) provide the subscriber 
additional, different, or 
restructured informa tion; 
or  
  
  
 
 iii)
 involve subscriber 
interaction with stored 
information.  
Includes the following:  
h) Electronic Mail  
i) Voice Mail  
j) On-line Information 
and/or 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 
(including transaction 
processing)  
  
  
  
   TN/S/O/USA/Rev.1
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Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
E. Information Services  
(Value-added services) 
  The offering of a 
capability for  generating, 
acquiring, storing,  
transforming, processing,  
retrieving, utilizing, or 
making  available 
information via  
telecommunications, as 
defined in 47 USC 
153(20) .  Services 
include, but are not 
limited to:  
  - electronic mail  - voice mail  - on-line Information 
and/or data base retrieval 
 - Electronic Data 
Interchange (EDI) 
 -
 Enhanced/Value-added Facsimile Services  
 - Code and Protocol 
conversion 
 - on-line information 
and/or Data processing;
 
 - packet-switched 
information 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   
 
o)  Other  
     TN/S/O/USA/Rev.1 
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 Note: services below are 
redundant, as they are 
captured in the definition 
of basic services above.  
  
-Mobile Services  
 Analogue/Digital cellular 
services  
 PCS (Personal 
 Communications services)  
 Paging services  
 Mobile data services  
    
F. Other Communications 
Services  
  - Cable services 
provided over cable 
systems34, as defined 
in 47 U.S.C. 522(6) 
and 47 U.S.C. 522(7)  
  - One-way satellite 
transmission of DTH 
and DBS television 
services and of digital 
audio services.  
 
      -    Programme 
Transmission 
Services (CPC 7524)  
 
 - Radio and  Television 
Broadcast 
Transmission Services 
(CPC 75241)  1) None  
 2) None
 
 3) None, except that a single company or firm 
is may be  prohibited from owning a 
combination of newspapers, radio and/or TV broadcast stations serving the same local market. Radio and television broadcast
 licenses may not be held by: a 
foreign government; a corporation chartered under the law of a foreign country or of
 which has a non -US citizen as an 
officer or director or  more than 20 per cent 
of the capital stock of which  is owned or 
voted by non-US citizens; a corporation chartered under the laws of the United States that is directly or indirectly controlled by a corporation more than 25 per cent of whose capital stock is owned by 
non-US citizens or a foreign government or 
a corporation of which any officer o r more 
than 25 per cent of the directors are non -US 1) None  
 2) None
 
 3) None
 
                 
  Radio Broadcast citizens.    
                         
 34 As defined in 47 U.S.C. 522(6) and 47 U.S.C. 522(7) 
    TN/S/O/USA/Rev.1
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
Transmission 
Services (CPC 75242)
 
  Radio and Television 
combined program 
making and 
broadcasting services 
(CPC 96133)  
 
 4) Unbound, except as indicated in the 
horizontal section.  In addition, US 
citizenship is required to obtain radio and 
television licenses.  
 4) Unbound except as indicated by 
horizontal commitments   
D.  
G. Audiovisual Services 
 Note: References below to 
"home video 
entertainment" include, 
but are not limited to, 
video tapes and optical 
discs.  
    
 Motion picture and home 
video entertainment 
promotion or advertising 
services  1) None  
 
2) None  
 
3) None  
 
4) Unbound except as indicated by horizontal 
 commitments  
  1) None  
 
2) None  
 
3) None  
 
4) None    TN/S/O/USA/Rev.1 
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
a1) Motion Picture  & Video 
Tape  Home Video 
Entertainment  Production  
and Distribution    
 
 Promotion or 
advertising services 
(CPC 96111) 
 
     
 Motion picture or video 
tape35 production 
services (CPC 96112) 
              
 Motion picture or video 
tape35 distribution 
services36 (CPC 96113) 
    
    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 
  
1)  None  2) None  3) None  4) Unbound, except as indicated in the      
    
1) None 
 
2) None 
 
3) None 
 
4) None 
  1) Grants from the National Endowment 
for the Arts are only available for:  individuals with US citizenship or permanent resident alien status, and non-profit companies. 
2) None  3) Grants from the National Endowment 
for the Arts are only available for:  individuals with US citizenship or permanent resident alien status, and non-profit companies. 
 4) None 
   
1) None  2) None  3) None  4) None  
                         
        35 For purposes of clarity, this class refers to theatrical and non-theatrical motion pictures, whether provided on fixed media or  electronically.   TN/S/O/USA/Rev.1
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 Other services in 
connection with motion 
pictures and video tape35 
production and 
distribution36 (CPC 
96114) 
 horizontal section   
 
a2) Motion Picture and home 
video entertainment 
distribution services (i.e. 
licensing for exhibition, 
broadcast, or other 
transmission )  
1) None  
 
2) None  
 
3) None  
 
4) Unbound, except as indicated in the 
 horizontal section  
   
1) None  
 
2) None  
 
3) None  
 
4) None   
 
 
b) Motion Picture Projection 
Service s (CPC 9612)  
 
 [Note: Projection services 
have been moved to other  
recreation  services, 
below]   
1) None 
 
2) None  
3) None  
4) Unbound, except as indicated in the 
 horizontal section 
  
1) None 
 
2) None  
3) None  
4) None  
 
c) Radio & Television 
Production  Services  
 
       Radio services (CPC 
96131  
 
 Television services  
(CPC 96132) 
 
 1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
 horizontal section 1) None 
 2) None  3) None  4) None     
 Radio and Television 1) None 1) None  
                         
       36 For greater clarity, distribution services in  this context may include the licensing of motion pictures or video tapes to other  service providers for exhibition, broadcasting, or 
other transmission, rental, sale or other use.  TN/S/O/USA/Rev.1 
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
distribution37 services, 
excluding transmission  
 
  
2) None 
 
3) None  
4) Unbound, except as indicated in the 
horizontal section   
2) None 
 
3) None  
4) None  
d) Radio and Television 
Transmission Services [ 
 [Note: Radio and television 
broadcast transmission 
services have been moved to 
other communications 
services, above]  
 1) None  
 2)
 None  
 3)
 A single company or firm is prohibited 
from owning a combination of newspapers, 
radio and/or TV broadcast stations serving 
the same local market. Radio and television 
licenses may not be held by: a foreign 
government; a corporation chartered under 
the law o f a foreign country or which has a 
non-US citizen as an offi cer or director or 
more than 20 per cent of the capital stock of 
which is owned or voted by non -US 
citizens; a corporation chartered under the 
laws of the United States that is directly or 
indirec tly controlled by a corporation more 
than 25 per cent of whose capital stock is 
owned by non -US citizens or a foreign 
government or a corporation of which any 
officer or more than 25 per cent of the 
directors are non -US citizens.  
 4)
 Unbound, except as ind icated in the 
horizontal section.  In addition, US 
citizenship is required to obtain radio and 
television licenses.  1) None  
 2)
 None  
 3)
 None  
                  4)
 None   
                                                                                                                         
37For greater clarity, distribution services in this context may include the licensing of radio and television programs to other service providers for exhibition, 
broadcast or other transmission, rental, sale  or other use.  Transmission services for radio and television programs are classi fied in CPC 7524 (program transmission 
services) and 96133 (combined program making and broadcasting services).    TN/S/O/USA/Rev.1
 Page 65 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
e) Sound Recording Services 1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
 1) None 
 2) None  3) None  4) None  
 
f) Other Audiovisual 
Services  Other services in 
connection with motion 
picture, home video 
entertainment, and radio 
and television production 
services, such as film 
dubbing, film title 
print ing, editing, and 
cutting  
 Other services in 
connection with radio 
and television 
production and 
distribution37 
  
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
  
1) None 
 2) None  3) None  4) None  
 
3. CONSTRUCTION & 
RELATED ENGINEERING SERVICES - (except Marine Dredging) 
(CPC 511 – 518)  
 1) Unbound* 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section.   In addition, an in-state office must be maintained by all contractors in Michigan. 
  
1) Unbound* 
 2) None  3) None  4) None  
  TN/S/O/USA/Rev.1 
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Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
. DISTRIBUTION 
SERVICES  
  
  
 
A. Commission Agents' 
Services (CPC 621)   
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
  
1) None 
 2) None  3) None  4) None  
 
B.Wholesale Trade (except 
wholesale trade of alcoholic beverages, firearms and military 
equipment) (CPC 622)  1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
 horizontal section 
 1) None 
 2) None  3) None  4) None  
B Wholesale Trade of 
alcoholic beverages (CPC 
62226)  1) Unbound 
 2) Unbound  3) Unbound  4) Unbound, except as indicated in the 
horizontal section 
 1) None 
 2) None  3) None  4) None  
C.Retailing (except retail sale 
of alcoholic beverages, firearms and military 
equipment) (CPC 631 + 
632, 6111 + 6113 + 6121) 
  1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
 1) None 
 2) None  3) None  4) None    TN/S/O/USA/Rev.1
 Page 67 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
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) None   TN/S/O/USA/Rev.1 
Page 68  
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
5. EDUCATIONAL 
SERVICES 
    
The United States is considering including in its offer commitmen ts on Higher Education Services (including training services a nd educational testing services, but 
excluding flying instruction).  The se commitments would include, inter alia , the following limitations:    
 
-  Nothing in this agreement will interfere with the ability of i ndividual U.S. institutions to maintain autonomy in admissions po licies, in setting tuition rates, and in 
the developme nt of curricula or course content.  E ducational and training entities must comply with requirements of the jurisdiction in whic h the facility is 
established.  
 
-  The granting of U.S. federal or state government  funding or subsidies may be limited to U.S. s chools.  Scholarships and grants may be limited to U.S. citizens 
and/or U.S. residents of particular states.  Tuition rates may vary for in -state and out -of-state residents  
 
- Additionally, the commitments would make clear that: Admission policies include considerations of equal opportunity for students (regardless of race ethnicity 
or gender), as well as recognition of credits and degrees; state regulations apply to the establishment and operation of a faci lity in the state;  accreditation of the 
instituti on and its programs may be required by regional and/or specialty organizations; required standards must be met to obtain and ma intain accreditation;  
foreign -owned entities may be ineligible for federal or state funding or subsidies, including land grants, preferential tax treatment, and any other public benefits; 
and to participate in the U.S. student loan program, foreign ins titutions established in the United States would need to meet t he same requirements as U.S. 
institutions.  
 
C.  Higher Education 
Services (except flying 
instruction) (CPC 923)38 1) None 
 
2) None  
3) None  
4) Unbound, except as indicated in the 
horizontal section 
 1), 2), 3), 4) The granti ng of U.S. federal or 
state government funding or subsidies may 
be limited to U.S.-owned institutions, 
including land grants, preferential tax 
treatment, and any other public benefits; 
and scholarships and grants may be 
limited to U.S. citizens and/or residents of 
particular states.  In  some cases, such 
funding, subsidies, scholarships, and 
grants may only be used at certain state 
institutions or within certain U.S. 
jurisdictions.  
                         
38For transparency purposes, individual U.S. institutions maintain autonomy in admission policies, in setting tuition rates, and in the development of curricula or course 
  content.  Educational and training enti ties must comply with requirem ents of the jurisdiction in  which the facility is establ ished.  In some jurisdictions, accreditation of 
institutions  or programs may be required.  Institutions maintain  autonomy in selecting the juri sdiction in which they will ope rate, and institutions and programs maintain 
autonomy in choosing to meet standards set by accrediting organiz ations as well as to continue accredited status.  Accrediting organizations maintain autonomy in setting 
accreditation standards.  Tuition rates vary for in-state and out-of-state residents.  Additionally, admissions policies includ e considerations of equal opportunity for students 
(regardless of race, ethnicity, or gender), as permitted by dome stic law, as well as recognition by regional, national,  and/or  specialty organizations; and required standards 
must be met to obtain and maintain accreditation.  To participate in the U.S. student loan program, foreign institutions establ ished in the United States are subject to the same 
requirements as U.S. institutions.   TN/S/O/USA/Rev.1
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
D. Adult Education  (except 
flying instruction) (CPC 
924) 1) None 
 2) None  3) The number of licenses for cosmetology 
schools in Kentucky is limited to 48 total licenses, with a total of  8 licenses allowed for operation of such schools per congressional district 
 4) Unbound, except as indicated in the 
horizontal section 
 1), 2), 3), 4) Scholarships and grants may be 
 limited to US citizens and/or residents 
of particular states and may, in some cases, only be used at certain states institutions or within certain US jurisdictions.  
E. Other Education Services 
      (CPC 929) 1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
 horizontal section 
 1), 2), 3), 4) Scholarships and grants may be 
 limited to US citizens and/or residents 
of particular states and may, in some cases, only be used at certain states institutions or within certain US jurisdictions.   TN/S/O/USA/Rev.1 
Page 70  
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
6. ENVIRONMENTAL 
 SERVICES39,40 
 A.  Sewage Services
 
 Wastewater  
 Management, excluding 
 Water for Human Use  
  - Wastewater services
 
(contracted by private 
industry) (CPC9401)  
  
 
       1) None  2) None  3) None  4) Unbound, except as indicated in the  horizontal section  
 
       1) None  2) None  3) None  4) None    
 
        
B. Solid/hazardous waste 
management  (contracted 
by private industry)  
 B.
 - Refuse disposal 
services 
        (CPC 9402)   
   1) None  2) None  3) None   
   1) None  2) None  3) None   
                         
 39 In each of the following subsectors, US commitments are limite d to the following activities: implementation and installation o f new or existing systems for environmental cleanup, 
remediation, prevention and monitoring; implementation of envi ronmental quality control and pollution reduction services; maint enance and repair of environmen t-related systems and facilities 
not already covered by the US commitments on maintenance and repa ir of equipment; on-site envir onmental investigation, evaluati on, monitoring; sample collecti on services; training on site or 
at the facility; consulting related to these areas. 
 40 Nothing in this offer related to transportation should be cons trued to supercede the existing US commitments on transportation  or related MFN exemptions.   TN/S/O/USA/Rev.1
 Page 71 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  C.
 - Sanitation and Similar 
Services (CPC 9403)  
   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) None 
  1) None  2) None  3) None  4) None   
 
 
D. Other (Cleaning services 
of exhaust gases; Noise 
abatement servi ces; 
Nature and landscape 
protection services; 
Other environmental 
services, n.e.c.)   
 
1) None  
 2)
 None  
 3)
 None  
 4)
 Unbound, except as indicated in the 
 horizontal section   
 
1) None  
 2)
 None  
 3)
 None  
 4)
 None  
  
  TN/S/O/USA/Rev.1 
Page 72  
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
C. Protection of ambient air 
and climate  
  - Services to reduce 
exhaust gases and 
other emissions to 
improve air quality  
(CPC 9404)  
 
   D. Remediation and cleanup 
of soil and water   
 - Treatment,  remediation of 
contaminated/ 
polluted soil and 
water  (part of CPC 
9406)  
  
  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  
  
  1) None
 
 2) None
 
 3) None
 
 4) None
 
     1) None
 
 2) None
 
 3) None
 
 4) None
 
  
 
 E.  Noise and vibration 
abatement  
  -
 Noise abatement 
services   
  (CPC 9405) 
 
     
  1) None
 
 2) None
 
 3) None
 
 4) Unbound, except as indicated in the 
 horizontal section  
  
  1) None
 
 2) None
 
 3) None
 
 4) None
 
     TN/S/O/USA/Rev.1
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
F.  Protection of biodiversity 
and landscape  
  - Nature and 
landscape protection 
services  
  (part of CPC 9406) 1) None  
 2) None
 
 3) None
 
 4) Unbound, except as indicated in the  
 horizontal section  1) None  
 2) None
 
 3) None
 
 4) None
  
 
G.  Other environmental and 
ancillary services  
  - 
 Other services not 
classified elsewhere  
  (CPC 9409)  
 
  1) None
 
 2) None
 
 3) None
 
 4) Unbound, except as indicated in the  
 horizontal section  
  
 
  1) None
 
 2) None
 
 3) None
 
 4) None
 
  
  TN/S/O/USA/Rev.1 
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
[Note on the financial services offer:  
 
In response to requests from trading partners and in the expect ation that it will receive commitments to comparable openness fr om our trading partners, the United 
States of America is pleased to make the follo wing offer in financial services.  This includes:  
 Removal or narrowing of limitations listed in our Schedule of  Specific Commitments for Insurance (see attached Schedule)
 
 Removal or narrowing of limitations listed in our Schedule of Sp ecific Commitments for Banking and Other Financial Services (ex cluding insurance) (see attached 
Schedule).   
 Regarding the existing U.S. Additional Comm itments Paper II, (1), the United States notes passage of the Gramm-Leach-Bliley Act  of 1999 which establishes a 
framework for financial modernization under which conglomerates can  provide a variety of financial services in the United State s.  
 Regarding the existing U.S. Additional Commitm ents Paper II, (2), the United States notes that two additional states, Texas and  Montana, have liberalized interstate 
acquisitions of banks on a basis that provides national treatment to foreign banks, and that all states now permit interstate b ranching through mergers.  
 The United States will consider, depending on other Members' w illingness to do likewise, adopting additional mode 1 commitments  for certain other activities 
where the consumer is deemed sufficiently sophisticated to manage  any attendant risks, such as allowing mutual funds (collectiv e investment schemes) located in 
the U.S. to obtain certain investment advice and portfolio manage ment services from financial services suppliers located outsid e its territory.   
  
The United States will consider adopting obligations relating to transparency and other principles for regulation of financial services (as outlined in Annex I of the 
U.S. request) once further progress is made in these issues in bilateral request/offer discussions  or other appropriate WTO for a.  The United States also believes that 
it is important to continue discussions of other regulatory frame work principles important for the insurance sector (as outline d in Annex II of the U.S. request) in 
bilateral request/offer or appropriate WTO fo ra to determine how they might be addressed within the context of the GATS obligat ions. ]  
    TN/S/O/USA/Rev.1
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
7. FINANCIAL SERVICES   A. INSURANCE: 
 
1. Commitments in this subsector are undertaken in accordance w ith the Understanding on Commitments in Financial Services (the A“Understanding ”@), subject 
to the limitations and conditions set forth in  these headnotes and the schedule below. 
 2. The market access commitments in this subsector in respect of m ode (1), as described in paragraph 2(a) of Article I of the A greement, are limited to the services 
indicated in paragraphs B.3(a) and B.3(b)  of the market access section of the Understanding.  The market access commitments in this subsector in respect of mode 
(2), as described in paragraph 2(b) of Article I of the Agreemen t, are limited to the services indicated in paragraphs B.4(a) a nd B.4(b) of the market access section of 
the Understanding.  It is understood that paragraph B.4 of the Understanding does not require that non-resident financial servi ce suppliers be permitted to solicit 
business, and no commitment to such solicitation is undertaken.  3. National treatment commitments in this subsector are subject  to the following limitation: national treatment with respect to  services and service suppliers will 
be provided according to a non-U.S. service supplier's state of domicile, where applicable, in the United States.  State of dom icile is defined by individual states, and 
is generally the state in which an insurer either is incorporat ed, is organized  or maintains its principal office in the Unite d States. 
 
4. Commitments in this sector do not cover measures set out in the entry applicable to A“Insurance ”@ in the United States list of exemptions from Article II.  
  
Direct Insurance a) Life, Accident, and 
Health Insurance Services (except workers compensation insurance) 
 b) Non-Life Insurance 
Services  
1) Government-owned or government- 
controlled insurance companies, whether US or foreign, are not authorized to conduct business in:  Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Kansas, Kentucky, Maine, Maryland, Montana, Nevada, New Jersey (only with respect to surplus lines), New York (non-life companies are authorized; life and health companies are not), North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania
, 
Rhode Island, South Dakota, Tennessee, Washington, West Virginia
, Wyoming.    
1) A one per cent federal excise tax is 
imposed on all life insurance premiums and a four per cent federal excise tax is imposed on all non-life insurance premiums covering US risks that are paid to companies not incorporated under US law, except for premiums that are earned by such companies through an office or dependent agent in the United States. 
 When more than 50 per cent of the value 
of a maritime vessel whose hull was built under federally guaranteed mortgage funds is insured by a non-US insurer, the insured must demonstrate that the risk was substantially first offered in the US market.  
The United States undertakes 
the obligations contained in Additional Commitments  Paper I attached hereto.  TN/S/O/USA/Rev.1 
Page 76  
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 2) None 
 3) Government-owned or government-
controlled insurance companies, whether US or foreign, are not authorized to conduct business in:  Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Kansas, Kentucky, Maine, Maryland, Montana, Nevada, New Jersey (only with respect to surplus lines), New York (non-life companies are authorized; life and health companies are not authorized), North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania
, Rhode Island, South Dakota, 
Tennessee, Washington, West Virginia , 
Wyoming.  
 2) None 
 3) None  
 
  Branches are not permitted to provide surety 
bonds for US federal government contracts. 
  The following states have no 
mechanism for licensing initial entry of a non-US insurance company as a subsidiary, unless that company is already licensed in some other US state: Minnesota, Mississippi, and Tennessee. 
  The following states have no 
mechanism for licensing initial entry of a non-US insurance company as a branch, unless that company is already licensed in some other US state:   Arkansas, Arizona, Connecticut, 
Georgia, Hawaii,  Kansas, Maryland, 
Minnesota, Nebraska, New Jersey, North Carolina, Pennsylvania
, 
Tennessee, Utah , Vermont, Wyoming, 
West Virginia .  
   
  US citizenship is required for members of     TN/S/O/USA/Rev.1
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
the board of directors of locally established 
and licensed companies in the following states and in the following shares or numbers: 100 per cent required in Louisiana; three-quarters in Washington (mutual life companies with the majority of the board being resident in the state); two-thirds required in Oklahoma (for stock and mutual companies) and Pennsylvania; a majority required in California (for mutual insurers operating as authorized insurers only in the state of California), Florida (for stock and mutual insurers), Georgia (for stock and mutual insurers with one fourth resident in the state), Idaho (for stock and mutual insurers), Indiana, Kentucky
, Mississippi, 
Ohio (for legal reserve life insurers) , 
Oregon, New York, South Dakota (except if more than 1000 persons are entitled to vote for the board of directors and a majority of the voters reside outside the state, or less than one per cent of the shares are owned by state residents), Wyoming (for an insurer operating as an authorized insurer only in Wyoming); seven in Tennessee (for mutual life insurance companies; three resident in Illinois (for stock, mutual, or legal reserve insurers) and Missouri (life and accident).  TN/S/O/USA/Rev.1 
Page 78  
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  US citizenship for incorporators of 
insurance companies is required in the following states and in the following percentages or numbers:  100 per cent in Hawaii, Idaho (for stock or mutual insurer), Indiana, South Dakota and Washington; two
-thirds in Arizona (for stock and mutual 
insurers) , two-thirds resident in Georgia (for 
stock and mutual insurers); a majority in Alaska, Florida (for stock and mutual 
insurers), Arkansa s (majority for mutuals or 
stock),  Kansas (all life insurance companies 
and mutual insurers other than life), Kentucky (for mutual or stock insurers); Maine (life, health, and accident and mutual aid assoc with state residency for mutuals), Missouri (minimum 13 with overall majority resident in the state),  Montana (stock or mutual insurers), Texas (life, health, accident and mutual aid assoc with state residency for mutuals), Wyoming (for reserve stock and mutual insurers).  
  
 
   
 State residency is required in the following 
states for the organizing members of the following types of mutual insurance 
companies: Arkansas (mutuals and  farm 
mutual insurers), California (county mutual fire insurer); Idaho (all mutuals); Kansas (all mutuals); North Dakota (all mutuals), Minnesota (township mutuals, farmers mutual fire insurance companies); Mississippi (all mutuals); Montana (farm mutual insurer); Vermont (fire cooperatives); Wyoming (farm mutual insurer).   
  
   TN/S/O/USA/Rev.1
 Page 79 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  
 Seven or more US citizens, a majority of 
whom are residents of the state, may organize a fraternal benefit society in the following states: Alaska, Arizona (requires 
10 or more US citizens, a majority of whom 
are citizens of the state) , Arkansas, 
California, Delaware, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Jersey, North Dakota,  Oklahoma (requires 10 or more US citizens, a majority of whom are residents of the state), Oregon, Pennsylvania, South Dakota, Virginia, Vermont, Washington, West Virginia and Wyoming.  
  
  
 
   
 Twenty-five or more persons domiciled in 
the state may organize a domestic reciprocal insurer in: Arizona, Arkansas, California, Delaware, Georgia, Idaho, Indiana, Kentucky, Maine, Maryland, Mississippi, Montana, Pennsylvania, South Dakota, Tennessee, Vermont,
 Virginia, Washington 
and Wyoming.  
  
 
   
4) Unbound, except as indicated in the 
horizontal section  
4) Unbound, except as indicated in the 
horizontal section 
  
  TN/S/O/USA/Rev.1 
Page 80  
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
c) Reinsurance and 
retrocession  
1) Government-owned or government- 
controlled insurance companies, whether US or foreign, are not authorized to conduct business in:  Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Kansas, Kentucky, Maine, Maryland, Montana, Nevada, New York (non-life companies are authorized; life and health companies are not), North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Washington, West Virginia
, 
Wyoming.  
  
1) A one per cent federal excise tax is 
imposed on all premiums covering US risks that are paid to companies not incorporated under US law, except for premiums that are earned by such companies through an office or dependent agent in the United States. 
  In Texas, total direct reinsurance of 
mutual life insurance companies may not be entered into with non-US companies.  
 
 
  
 Insurance companies incorporated in 
Nevada may purchase reinsurance only from an insurer admitted to Nevada.  All insurers writing workers' compensation insurance in Minnesota must purchase reinsurance from the Minnesota Workers' Compensation Reinsurance Authority.  Unbound for Maine for the provision of reinsurance for workers' compensation.   
  
 
   
2) Insurance companies incorporated in 
Nevada may purchase reinsurance only from an insurer admitted to Nevada. All insurers writing workers' compensation insurance in Minnesota must purchase reinsurance from the Minnesota Workers' Compensation Reinsurance Authority. Unbound for Maine for the provision of reinsurance for workers' compensation. 
  
2) None  
   TN/S/O/USA/Rev.1
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 3) Government-owned or government- 
controlled insurance companies, whether US or foreign, are not authorized to conduct business in:  Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Kansas, Kentucky, Maine, Maryland, Montana, Nevada, New York (non-life companies are authorized; life and health companies are not), North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Washington, West Virginia
, 
Wyoming.   
  The following states have no mechanism for 
licensing initial entry of a non-US insurance company as a subsidiary, unless that company is already licensed in some other US state: Maryland, Minnesota, Mississippi, and Tennessee
.  After a license is obtained 
in some other US state, licensing and entry into the states listed above is permitted.  3) None  
  The following states have no mechanism for 
licensing initial entry of a non-US insurance company as a branch, unless that company is already licensed in some other US state:   Arkansas, Arizona, Connecticut, Georgia, Kansas, Maryland, Minnesota, Nebraska, New Jersey, North Carolina, Pennsylvania, Tennessee, Utah
, Vermont, Wyoming, West 
Virginia .  After a license is obtained in some 
other US state, licensing and entry into the states listed above is permitted. 
 4) Unbound, except as indicated in the 
horizontal section.  
           4) Unbound, except as indicated in the 
horizontal section.   TN/S/O/USA/Rev.1 
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
d) Services Auxiliary to 
Insurance:  
  (applicable to sub-sectors 
i), ii) and iii) below) 
 1),  Nonresident licenses are not issued to 
3) individuals not licensed in another US state 
in Arkansas (agents, brokers, adjusters, 
consultants),  Connecticut 
(producers/adjusters/appraisers/ consultants/ brokers/reinsurance intermediary), Colorado (producer, adjuster and reinsurance intermediary), California (agents/brokers), Delaware (broker/agent/reinsurance intermediary), Georgia (counselor/adjuster), Florida (agent/broker), Hawaii, Illinois (producers/ adjusters/reinsurance intermediaries), Indiana (agent/broker), Kansas (agent/ broker
), Kentucky 
(agent/broker) , Louisiana (agent/broker), 
Maine (agent/ broker), Maryland (agent/broker/reinsurance agent/reinsurance broker), Mississippi (agent/broker), Missouri (brokers)
,  Montana (producer's 
license/agent/broker), Nevada (solicitor/ adjuster/property bondsman/bail solicitor), New Jersey (producer's agent/broker), New 
Mexico (bailbondsmen/solicitors/broker 
agent) , North Dakota (agents/brokers)  
Nebraska (producer's license/agent/broker ),  
   
  New York (reinsurance intermediary), North 
Carolina (reinsurance intermediary), Oregon (agent/adjuster/consultant/reinsurance intermediary), Pennsylvania (adjuster/solicitor), South Dakota (agent), Virginia (agents/brokers/consultants), West Virginia (broker/reinsurance intermediary) and Texas (agent/broker), Washington (agent/broker). 
     TN/S/O/USA/Rev.1
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
i) Brokerage Services41  
1), Brokerage licenses are not issued to   
3) non -residents in:   South Dakota , Wyomi ng. 
  Brokerage licenses are issued to 
non-residents for only certain lines of insurance in:  Alabama (all except life, accident & health), Arkansas (property, casualty, surety & marine), California, Louisiana (property & casualty), New 
Mexico (property & casualty) . 
  All states require in-state residency for 
surplus lines brokers except  California,  
Idaho,  Maine, Mississippi,  Missouri,  
Nebraska,  New Mexico,  North Carolina,  
North Dakota, Ohio,  Oregon,  South 
Dakota,  Texas, Vermont, West Virginia,  
and Wyoming.  
 2) None  4) Unbound, except as indicated in the 
horizontal section.  
1), Higher license fees for non-residents  
3) may be charged in:  Alaska, Arizona
, 
Arkansas , California, Colorado, 
Georgia, Indiana, Louisiana, Maine,  
Massachusetts,  Montana, Nebraska,  
Nevada , New Hampshire, New Mexico,  
North Carolina,  North Dakota, Ohio , 
Oklahoma, Pennsylvania , Rhode Island, 
South Carolina, Utah , Vermont. 
          2) None  4) Unbound, except as indicated in the 
horizontal section. 
  
 
ii) Agency Services 1), Agency li censes are issued to non-residents 
3) for all or only certain lines of insurance in: 
California, Florida (general lines, life & health), Kansas,  Kentucky (general lines, 
life & health) , Louisiana (life & health), 
New Mexico (life & health), Ohio (life & 
casualty) , Oregon, Rhode Island (all except 
general lines), Texas. 
   1), Higher license fees for non-residents  
3) may be charged in:  Alaska, Arkansas,  
California, Colorado, Florida,  Indiana, 
Iowa, Kansas, Kentucky, Louisiana, 
Maine, Massachusetts,  Mississippi, 
Montana, Nebraska, Nevada , New 
Hampshire, New Jersey, New Mexico,  
North Dakota, Oklahoma, Pennsylvania , 
Rhode Island, South Carolina , South 
Dakota, Tennessee, Utah , Vermont, 
Wisconsin, Wyoming.  
  
  All states require in-state residency for   
                         
 41 For transparency purposes, it should be noted that brokerage firm s can generally offer services in most states by obtaining li censes as "brokers" and in othe r states by obtaining licenses 
to operate as "agents".  Brokerage licenses are not issued in  Florida, Iowa, Kentucky, Mich igan, Minnesota, Mississippi, Oregon , Tennessee, Texas, Virginia, West Virginia, Wisconsin.  TN/S/O/USA/Rev.1 
Page 84  
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
surplus lines agents except Alaska, 
Arkansas, Florida, Idaho, Kentucky, 
Louisiana, Nevada, New Mexico,  Ohio, 
Oregon, South Dakota,  Texas, West 
Virginia, Wyoming . 
 2) None  4) Unbound, except as indicated in the 
horizontal section. 
  
     2) None  4) Unbound, except as indicted in the 
horizontal section. 
 
iii) Consultancy, Actuarial, 
Risk Assessment, and Claim Settlement Services 1), Licenses are not issued to 
3) nonresidents in: Alabama (adjuster, 
solicitor, service representative), California 
(adjuster,  insurance analyst, motor club 
agents,  bail bondsman), Florida (customer representative), Georgia (counselor, 
adjuster), Hawaii (adjuster, solicitor ), Idaho 
(solicitor) , Indiana (bail bondsmen), 
Kentucky (adjuster), Maryland (adjuster), 
Michigan (adjuster), Montana (adjuster), Nevada (solicitor
, adjuster, property 
bondsman), New Mexico (solicitor) , North 
Carolina (limited representatives, adjusters, 
motor vehicle damage appraisers,  
professional bondsmen, runners), Oklahoma (bail license), Oregon, Pennsylvania (motor vehicle damage appraiser), Washington (solicitor, adjuster), West Virginia (adjuster, 
solicitor), and Wyoming (adjuster, solicitor) . 
 1), None 
3)     TN/S/O/USA/Rev.1
 Page 85 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  
 In-state residency is required for licensure 
in: California (for adjusters; and for life and disability insurance analysts), Georgia (for inspection when not accompanied by a licensed resident adjuster), Illinois (for non-resident public adjusters who are licensed in a state which does not permit equal treatment to Illinois residents), Maryland,  Mississippi (for independent adjusters), and Nevada (for appraisers and adjusters). 
  
  
 
   
 US citizenship is required for licensure in:  
Alabama (for agents, brokers, solicitors, managing general agents and service representatives), Idaho (for agents, brokers
, 
solicitors and surplus lines brokers) , 
Missouri (for brokers), Nebraska (for 
brokers),  New Mexico (for solicitors and  
bailbondsmen), Ohio (for surplus lines 
brokers) and  Oklahoma (for bail license). 
 2) None  4) Unbound, except as indicated in the 
horizontal section. 
  
 
         2) None  4) Unbound, except as indicated in the 
horizontal section.  
  TN/S/O/USA/Rev.1 
Page 86  
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
B. FINANCIAL SERVICES (LIMITED TO BANKING AND OTHE R FINANCIAL SERVICES AND EXCLUDING INSURANCE):   
  
1. Commitments in these subsectors are undertaken in accordance w ith the Understanding on Commitments in Financial Services (th e A“Understanding ”@), 
subject to the limitations and conditions set fort h in these headnotes and the schedule below. 
 2. The market access commitments in these subsectors in respect of modes (1) and (2), as described in paragraphs 2(a) and (b) o f Article I of the Agreement, are 
limited to the services indicated in paragraphs B.3(c) and B.4( c) of the market access section of the Understanding, respective ly.  It is understood that paragraph 
B.4 of the Understanding does not require that non-resident fina ncial service suppliers be perm itted to solicit business, and n o commitment to such solicitation 
is undertaken. 
 
3. National treatment commitments in these subsectors are subj ect to the following limitation:  National treatment will be prov ided based upon the foreign bank's 
A“home state ”@ in the United States, as that term is defined under the Intern ational Banking Act, where that Act is applicable.   A domestic bank subsidiary of 
a foreign firm will have its own A“home state ”@ and national treatment will be provided based upon th e subsidiary's home state, as determined under 
applicable law.42 
 
4. Service suppliers choosing to supply a service through a juri dical person constituted under the laws of the United States ar e subject to non-discriminatory 
limitations on juridical form.43 
 5. The offer of new financial services or products is subject, on a non-discriminatory basis, to relevant institutional and jur idical form requirements. 
 
 
All Subsectors, except as 
specifically provided below  
1), Michigan limits, according to the country  
2), of their home charters, the banks in which  3) corporate credit unions may place deposits.   
1) None 
 2) None  
The United States undertakes 
the obligations contained in Additional Commitments Paper II attached hereto. 
                         
 42 Foreign banking organizations are generally  subject to geographic and other limitations  in the United States on a national tre atment basis.  Where such limitations do not conform to 
national treatment, they have been reserved as market access re strictions.  For purposes of ill ustration, under this approach, the following situation does not acco rd national treatment and would 
therefore be scheduled as a limitation:  a foreign bank from a pa rticular home state is accorded less favorable treatment than that accorded to a domestic bank from that state with respect to 
expansion by branching.  
43 For example, partnerships and sole proprietorships are gene rally not acceptable juridical forms for depository financial insti tutions in the United States.   TN/S/O/USA/Rev.1
 Page 87 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  
3) All directors of a national bank must be U.S. 
citizens unless a national bank is an affiliate or subsidiary of a foreign bank, in which case only a majority of the board need be U.S. citizens. 
  Foreign ownership of Edge corporations is 
limited to foreign banks and US subsidiaries of foreign banks, while domestic non-bank firms may own such corporations. 
  Federal and state law do not permit a credit 
union, savings bank, home loan or thrift business in the United States to be provided through branches of corporations organized under a foreign country's law. 
  In order to accept or maintain domestic 
retail deposits of less than $100,000, a foreign bank must establish an insured banking subsidiary.  This requirement does not apply to a foreign bank branch that was engaged in insured deposit-taking activities on December 19, 1991. 
  
3) Foreign banks are required to register 
under the Investment Advisers Act of 1940 to engage in securities advisory and investment management services in the United States, while domestic banks (or a separately identifiable department 
or division of the bank)  are exempt from 
registration unless they advise registered 
investment companies .  The registration 
requirement involves record maintenance, inspections, submission of reports and payment of a fee. 
  Foreign banks cannot be members of the 
Federal Reserve System, and thus may not vote for directors of a Federal Reserve Bank.  Foreign-owned bank subsidiaries are not subject to this measure. 
  
  TN/S/O/USA/Rev.1 
Page 88  
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
  Unbound with respect to paragraph 2(e) of 
Article XVI of the Agreement, and paragraphs A, B.5 and B.6 of the Understanding in relation to the expansion, via the establishment of a branch or the acquisition of one or more branches of a bank without acquisition of the entire bank, by a foreign bank into another state from it’s 
A“home state ”,@ as that term is defined 
under applicable law. Except as specifically set forth elsewhere in this schedule, such expansion shall be provided on a national treatment basis in accordance with headnote 3.  
   
 
  
 Interstate expansion by a foreign bank 
through the establishment of branches by merger with a bank located outside the "home state," as that term is defined under applicable law, of a foreign bank shall be 
provided on a national treatment basis in 
accordance with headnote 3,   is prohibited 
where Montana or Texas is the home state 
of the foreign bank or is the state where the 
bank is located that is to be merged into the 
foreign bank, re sulting in the establishment 
of branches.   except as specifically set forth 
elsewhere in this schedule, such expansion 
shall be provided on a national treatment 
basis in accordance with headnote 3 .  
  
  
   TN/S/O/USA/Rev.1
 Page 89 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  
 Unbound for initial entry by establishment 
or acquisition of state-chartered banks or state-licensed offices of foreign banks as indicated in the following forms: California (branch; also savings and loan association); Connecticut (bank or holding company; also credit union); Georgia (agency); Illinois (branch); Kentucky (subsidiary); Louisiana (agency); Massachusetts (subsidiary or branch); Michigan (agency); North Carolina (subsidiary, branch, agency, or representative office); Pennsylvania (any deposit-taking or representative bank office);  Washington (branch, agency, or representative office).  The limitations in this paragraph do not apply to initial establishment or acquisition of a national bank subsidiary by a foreign person or establishment of a federal branch or agency by a foreign bank that does not already have a banking presence in the United States, or generally to interstate expansion.  Such limitations may apply to interstate expansion through state-licensed limited branches, agencies, or representative offices.
44  
  
  
 
  The following states are unbound for the 
specified activities: Indiana (establishment of service offices by foreign-owned credit unions); Iowa (activities of foreign-owned savings and loan associations; foreign-owned bank or trust company acting as fiduciary; use of satellite banking terminals).
45   
   
                         
 44 The limitations in this paragraph reflect state reciprocity measures. 
 45 The limitations in this paragraph reflect state reciprocity measures.  TN/S/O/USA/Rev.1 
Page 90  
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
  Initial entry or expansion by a foreign 
person (but not a domestic person) through acquisition or establishment of a state-chartered commercial bank subsidiary is prohibited or otherwise limited in the following states:  Alabama; Arizona; Arkansas; California (limit on foreign non-bank ownership of international banking corporation); Colorado; Delaware; Indiana; Kansas; Louisiana; Maryland; Michigan; Minnesota; Mississippi; Montana; Nebraska; Nevada; North Carolina; North Dakota; Oklahoma; Oregon; Pennsylvania; South Carolina; Tennessee; Vermont; Virginia; Washington; West Virginia; Wisconsin; Wyoming.  The limitations in this paragraph do not apply to establishment or acquisition of a national bank subsidiary by a foreign person that does not already have a banking presence in the United States. 
   
  The following states limit initial entry or 
expansion by a foreign person through acquisition or establishment of the following entities:  Delaware (savings and loan associations; savings banks); Ohio (savings and loan associations; savings banks; credit unions); Tennessee (savings and loan associations; savings banks; credit unions; trust companies); Washington (savings and loan associations; savings banks; credit unions; trust companies).  
     TN/S/O/USA/Rev.1
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Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  
 The boards of directors of depository 
financial  institutions organized under the following states' laws are subject to U.S. citizenship requirements of up to the specified proportions:  Alabama (all); Colorado (3/4); District of Columbia (all); Florida (majority); Georgia (all
 3/4); Indiana 
(3/4); Iowa (majority); Kentucky (all); Louisiana (majority);
 Massachusetts 
(majority); Mississippi (all);  Missouri (all); New Hampshire (majority);  New Jersey (all); New Mexico (3/4); New York (all; 
applies also to trustees of mutual savings 
bank or savings and loan associations, and 
to committees of credit unions  1/2; all for 
trustees of mutual savings banks and 
directors of mutual savings and loans 
associations ); North Carolina (3/4); North 
Dakota (majority); Pennsylvania (all, but may be waived); South Dakota (3/4); Tennessee (all); Vermont (2/3); West Virginia (majority); Wisconsin (2/3).   
 Texas allows pre-judgment seizure 
remedies and civil discovery requests
 to 
be applied against foreign bank agencies, while bank subsidiaries of 
foreign banks and branches of foreign 
banks are exempt to the same extent as 
domestic banks incorporated in Texas . 
subsidiaries are exempt . 
  The following states require direct 
branches or agencies of foreign banks to register under securities broker-dealer or investment adviser measures, while bank subsidiaries of foreign banks are exempt from such registration to the same extent as domestic banks incorporated in the state:  Alabama; Arizona; Arkansas; California; Connecticut; Delaware; District of Columbia; Georgia; Idaho; Iowa; Kansas;  Louisiana;  Maryland; Mississippi; Missouri;  Nebraska; New Hampshire; New Jersey; New Mexico; New York; North Carolina; Ohio; Oklahoma; Pennsylvania; South Dakota; Tennessee; Texas; Vermont; Washington.  These limitations do not apply to Federally licensed branches or agencies. 
  
  TN/S/O/USA/Rev.1 
Page 92  
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  U.S. citizenship is also required for the 
incorporators or organizers of depository financial institutions organized under state law.   Residence within a state may also be required for directors, incorporators, organizers, or executive committee members of depository financial institutions organized under state law. 
  U.S. citizenship is required to engage in 
specified activities in the following states:  Arizona (collection agency); Indiana (collection agency); Illinois (safe deposits); Nevada (collection agency). 
  Establishment of a  branch or agency by a 
foreign bank is limited as specified in the following states: 
  - State branch license subject to certain 
limitations --California (no trust/ fiduciary powers); Hawaii (no trust/ fiduciary powers);  Massachusetts; Oregon; Pennsylvania; Utah (no trust/ fiduciary powers); Washington (limited trust/fiduciary powers and restricted to one office per bank).  These limitations do not apply to  The following states require direct 
branches or agencies of foreign banks, but not bank subsidiaries of foreign banks, to register or obtain licenses in order to engage in the following activities:  Arkansas (selling checks; mortgage transactions); California (selling payment instruments); Delaware (sale or cashing of checks, drafts, money orders; motor vehicle financing; transportation of money/valuables); Georgia (mortgage lending/brokerage, check selling/cashing); Indiana (money transmission; loan brokerage); Kansas (money transmission); Maryland (selling payment instruments, traveler's checks); Massachusetts (check selling/cashing; foreign transmittal agencies; motor vehicle financing; insurance premium financing; retail installment sales/ servicing; residential real estate mortgage financing -- license requirement applies only to agencies); North Carolina (selling checks); Oklahoma (selling checks); Pennsylvania (mortgage banking/ brokerage); Tennessee (money transmission; residential lending/  
   Federal branches.   brokerage; industrial loan and thrift 
activities); Texas (currency exchange or transmission --does not apply to Texas agencies; selling checks); Virginia (mortgage lending/brokerage; money transmission; sale of money orders; check cashing); Wisconsin (selling checks).    TN/S/O/USA/Rev.1
 Page 93 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  - State branch license not available, but 
state agency license is available in Idaho and West Virginia. 
  - No state branch or agency license 
available – Arizona; Arkansas; Colorado; Indiana; Iowa;  Minnesota; Montana; Nebraska; New Mexico; North Dakota;  Oklahoma; Rhode Island; South Carolina; South Dakota; Tennessee; Vermont; Virginia; Wisconsin.  These limitations do not apply to Federal offices. 
  
  
 
  - Branch license not available but 
agency license is, subject to any specified limitations --Delaware (state license limited to one office per bank and cannot operate in a manner likely to result in a substantial detriment to existing bank; no fiduciary powers); Florida (available only to a foreign bank with at least $25 million in capital or that is one of five largest banks in its home country);  Georgia (available only to foreign bank with at least $50 million in excess of  liabilities; no fiduciary and limited other powers); Louisiana (limited to parishes with more than 350,000 residents); Mississippi; Missouri (no fiduciary powers); Oklahoma (foreign bank must have at least $25 million in capital or, inter
 alia, be one of five 
largest banks in its home country; 
special asset /. 
  The following states restrict various 
commodities transactions by foreign bank branches and agencies, but not by other depository financial institutions:  Arizona; California; Idaho; Indiana; Iowa; Mississippi; Missouri; Nebraska; New Hampshire; Washington. 
  Offers and sales of securities to foreign 
bank branches and agencies in the following states are subject to registration/disclosure requirements that do not apply if the transaction involves other financial institutions:  Illinois;  Indiana; Louisiana; Montana; Nebraska; New Jersey; North Dakota; Tennessee; Texas (applies to branches and agencies of all foreign financial institutions).   TN/S/O/USA/Rev.1 
Page 94  
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
  -  maintenance/capital equivalency rules 
apply, as do other restrictions); Texas (one office only, limited to metropolitan areas with at least 500,000 residents; limited fiduciary powers).  Certain restrictions on fiduciary powers apply to federal agencies. 
  - No branch or state agency license 
available --Wyoming. 
  - No branch or agency license available 
---Alabama; Kansas; Maryland; North Dakota. 
  Representative offices of foreign banks are 
not permitted in the following states, or are limited as specified:  Arizona; Arkansas; Colorado; Kansas; Kentucky; Michigan; Mississippi; Montana; North Dakota; Oklahoma (foreign bank must have at least $10 million in capital or, inter alia , be one 
of the five largest banks in its home country; special asset maintenance/capital equivalency  
 
                          
 
   requirements may apply); Oregon; Rhode 
Island; South Carolina; South Dakota; Tennessee; Vermont; Virginia;  Wisconsin; Wyoming.  Other states require incorporation of representative offices. 
 4) Unbound, except as indicated in the 
horizontal section. 
  
 
     4) Unbound, except as indicated in the 
horizontal section.  
   TN/S/O/USA/Rev.1
 Page 95 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
 Trading of Securities and 
Derivative Products and Services Related Thereto; Participation in Securities Issues  
1, 2, 3,), Federal law prohibits the offer or sale of 
2), futures contracts on onions, options 
contracts  
3) on onions, and options on futures contracts 
on onions in the United States, and services related thereto. 
  Unbound for the authority to act as a sole 
trustee of an indenture for a bond offering in the United States. 
  Unbound with respect to the use of 
simplified registration and periodic reporting forms for securities issued by small business corporations. 
 4) Unbound, except as indicated in the 
horizontal section. 
  
1), 2), 3) None 
               4) Unbound, except as indicated in the 
horizontal section.  
 
  Participation in Issues of 
Government Debt Securities  
1),2) None 
 3) Unbound for the granting or continuation of 
Federal Reserve designation as a primary dealer in US government debt.  
 4) Unbound, except as indicated in the 
horizontal section. 
   
1), 2), 3) None 
     4) Unbound, except as indicated in the 
horizontal section. 
  
  TN/S/O/USA/Rev.1 
Page 96  
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
8. HEALTH RELATED & 
SOCIAL SERVICES 
 A. HOSPITAL AND 
OTHER HEALTH CARE FACILITIES  - 
(part of CPC 9311)  
Direct ownership and 
management and operation by contract of such facilities on a "for fee" basis  
 
   1) Unbound*  2) None      3) Establishment of hospitals or other health 
care facilities, procurement of specific types of medical equipment, or provision of specific types of medical procedures may be subject to needs-based quantitative limits. 
  
 
   
1) Unbound* 
 
2) Federal or state government 
reimbursement of medical expenses is limited to licensed, certified facilities in the United States or in a specific US state 
 
3) None  
 
   
 In New York, corporate ownership of an 
operating corporation for, and limited partnerships as operators of, hospitals, nursing homes (including long term health care centers) or diagnostic and treatment centers is prohibited.  If the operator has any members which are not natural persons or is a corporation whose shares of stock are owned by another corporation, a New York corporation must be established as the operator of a licensed home care services agency and a certified home health agency.  
  
  
 
   
 In Michigan and New York Health 
Maintenance Organizations must be incorporated in those states. 
  
  
 
   
4) Unbound except as indicated in the 
horizontal section  
4) None  
   TN/S/O/USA/Rev.1
 Page 97 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
9. TOURISM AND 
TRAVEL RELATED SERVICES 
    
A. HOTELS AND 
RESTAURANTS (INCLUDING 
CATERING) (CPC 641-
643) 
 
      1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
 1) None 
 2) None  3) None  4) None  
B. TRAVEL AGENCIES 
AND TOUR OPERATORS 
SERVICES (CPC 7471)
 
 1) None 
 2) None  3) Official tourism offices with diplomatic or 
official status are not permitted to operate on a commercial basis in the United States or to act as agents or principals in commercial transactions 
 4) Unbound, except as indicated in the 
horizontal section 
 1) None 
 2) None  3) None      4) None  
C. TOUR IST GUIDE 
SERVICES (CPC 7472)  1) None 
 2) None  3) The number of concessions available for 
commercial operations in federal, state and local facilities is limited 
 4) Unbound, except as indicated in the 
horizontal section 
 1) None 
 2) None  3) None    4) None   TN/S/O/USA/Rev.1 
Page 98  
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
D. OTHER  1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
 1) None 
 2) None  3) None  4) None  
10. RECREATIONAL, 
CULTURAL, & SPORTING SERVICES    
A. ENTERTAINMENT 
SERVICES (INCLUDING THEATER, LIVE BANDS AND CIRCUS 
SERVICES) (except 
non-profit, public, and 
publicly -funded entities)  
(CPC 9619)  
 
 -  Theatrical producer, 
singer group, band 
and orchestra 
entertainment 
services  
 
 -  Services provided by 
authors, composers, 
sculptors, 
entertainers and 
other individual 
artists  
 
 - Ancillary theatrical 
  services n.e.c . 
  
    1) None  2) None  3) None  4) Unbound, except as indicated in the 
horizontal section  
    1) None  2) None  3) None  4) None    TN/S/O/USA/Rev.1
 Page 99 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 -  Circus, amusement 
park and similar 
attraction services  
 - Ballroom, 
discotheque and 
dance instructor 
services  
 
 - Othe r entertainment 
services n.e.c.  
   Cinema theater 
services,  including  
motion picture  
excluding  Cinema 
projection services, 
which are classified 
in class 9612  
  
  
  
 
 B. NEWS AGENCY 
SERVICES (CPC 962)  
 
 -  News agency 
services to 
newspapers and 
periodicals   
 
 - News -reporting 
agency services to 
radio stations  
 
 - News agency 
services to television  
stations   
 
 - Other news agency 
services    
  
 
  1) None  2) None  3) None  4) Unbound, except as indicated in the 
horizontal section  
 
  1) None  2) None  3) None  4) None  
  TN/S/O/USA/Rev.1 
Page 100  
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
C. LIBRARIES, 
ARCHIVES, MUSEUMS AND OTHER CULTURAL 
SERVICES (except non -
profit, public, and 
publicly -funded entities)  
(CPC 963)  
 
  
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
  
1) None 
 2) None  3) None  4) None  
 
D. OTHER 
RECREATIONAL SERVICES (except sporting) 1) None 
 2) None  3) The number of concessions available for 
commercial operations in federal, state and local facilities is limited 
 4) Unbound, except as indicated in the 
horizontal section 
 1) None 
 2) None  3) None    4) None    TN/S/O/USA/Rev.1
 Page 101 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
11. TRANSPORT 
SERVICES 
    
C. AIR TRANSPORT 
SERVICES:  Aircraft repair and maintenance.  (Aircraft repair and maintenance activities, when undertaken on an aircraft or a part thereof, while it is withdrawn from service.  Does not include line maintenance or other repair or maintenance activities undertaken by an air carrier (includes its agents or contractors) on aircraft it owns, leases, or operates.) 
 1) Unbound* 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 1) Unbound* 
 2) None  3) None  4) None  
 
E. RAIL TRANSPORT 
  
  
  
 
 a) Passenger 
Transportation, excluding high speed rail 
(CPC 7111)  
 
b) Freight Transportation 
(CPC 7112)   
1) None 
 2) None  3) Foreign railroads must incorporate in 
Vermont or in an adjacent state in order to own directly or indirectly the stock of a railroad company incorporated in Vermont 
 4) Unbound, except as indicated in the 
horizontal section 
  
1) None 
 2) None  3) None     4) None  
  TN/S/O/USA/Rev.1 
Page 102  
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
d) Maintenance and Repair 
of Rail Transport 
Equipment (CPC 
6112+8867)   
1) None 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
  
1) None 
 2) None  3) None  4) None  
 
F. ROAD TRANSPORT 
    
a) Passenger transport: 
Interurban regular 
transport (CPC 
7121+7122)  1) Unbound until January 1, 1997.  No 
limitations after that date.  None  
 2) None  3) Unbound until January 1, 2001.  No 
limitations after that date.  None  
 4) Unbound, except as indicated in the 
horizontal section 
 1) Unbound until January 1, 1997.  No
 
limitations after that date.  None  
 2) None  3) Unbound until January 1, 2001.  No 
limitations after that date.  None  
 4) None  
b) Freight transport 
(Commitment limited to transportation of cargo that has either an origin or a destination outside the United States) 
(CPC7123)  1) Unbound until December 17, 1995.  After 
December 17, 1995, unbound except to or 
from California, Arizona, New Mexico and 
Texas through different ports of entry.  No 
limitations after January 1, 2000.  None  
 2) None  3) Unbound until D
ecember 17, 1995.  After 
December 17, 1995, no limitations  None  
 4) Unbound, except as indicated in the 
horizontal section 
 1) None 
     2) None  3) None   4) None    TN/S/O/USA/Rev.1
 Page 103 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
d) Maintenance and Repair 
of Road Transport 
Equipment (CPC 
6112+8867)   
1) Unbound* 
 2) None  3) None  4) Unbound, except as indicated in the 
horizontal section 
  
1) Unbound* 
 2) None  3) None  4) None  
 
G PIPELINE 
TRANSPORT     
a)  Transportation of fuels 
(CPC 7131) 1) None 
 
 2) None 
 
 3) Applicants for rights of way for pipelines 
over federal lands must be either US 
citizens, associations of such citizens, or 
corporations formed under the laws of 
any US State, territory  or the District of 
Columbia . 
 
 
4) Unbound, except as indicated in the 
horizontal section  1) None  
2) None  
3) Under the Mineral Lands Leasing Act 
of 1920, aliens and foreign 
corporations may not acquire rights-
of-way for oil or gas pipelines, or 
pipelines carrying products refined 
from oil and gas, across on-shore 
federal lands.46   
 
4) None  
                         
46 For Transparency purposes, non-U.S. citi zens may own a 100-percent interest in a dome stic corporation that acquires a right-of- way for oil or gas pipelines across 
on-shore federal lands, unless the foreign investor's home country denies similar or like privileges for the mineral or access in question to U.S. citizens or corporations, as 
compared with the privileges it accords to its own citizens or corporations or to the citizens or corporations of other countri es.  Nationalization is not considered to be denial 
of similar or like   privileges.  
  TN/S/O/USA/Rev.1 
Page 104  
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
H. SERVICES 
AUXILIARY TO ALL MODES OF TRANSPORT     
a) Cargo-handling services 
(except  maritime 
transport services or 
services to which the 
Annex on Air Transport 
Services applies ) (CPC 
741)  
 1) None 
 
2) None  
3)  None  
4) Unbound, except as indicated in the 
horizontal section   1)  None 
 
2)  None  
3)  None  
4)  None    
 
b) Storage and warehouse 
services (except  
maritime transport 
services or services to 
which the Annex on Air 
Transport Services 
applies ) (CPC 742) 
    
 
c)  Freight transport 
agency services (except  
maritime transport 
services or services to 
which the Annex on Air 
Transport Services 
applies ) (CPC 748) 
      TN/S/O/USA/Rev.1
 Page 105 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
d) Other Supporting and 
Auxiliary Transport Services: Customs House Brokers  1) Unbound* 
 2) None  3) Services must be supplied by a corporation, 
association or partnership.  One officer of a corporation or association or one of the members of a partnership must hold a valid customs broker's license in order for the entity to engage in such business.  A customs broker's license may only be obtained by a US citizen. 
 4) Unbound, except as indicated in the 
horizontal section  1) Unbound* 
 2) None  3) None         4) None   
  TN/S/O/USA/Rev.1 
Page 106  
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
Energy Services Offer by the United States  
  
The United States is considering incl uding the following services sectors as  part of its energy services offer : 
 
 Part I of the energy services o ffer includes services for which co mmitments have already been made.  
 
 Part II of the energy services offer include s services for which commitments have not ye t been made.  The United States may exp and Part II of this 
offer to include additional services.  The specific content of commitments for services listed in Part II will be developed pendi ng the results of discussions 
concerning a proposed guide for sche duling commitments on energy services.  
 
Nothing in Part I or Pa rt II of the U.S. offer on ener gy services should be construed as extending a mode 3 right to acquire or invest in a government  
monopoly that provides a service within any of the sectors or subsectors included in the offer.   
PART 1     
1.F.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) None  
1.F.m Related Scientific & 
Technical Consulting (except land surveying for the purpose of establishing legal boundaries, aerial surveying and aerial 
map-making) (CPC 
8675)  1) None 
 2) None  3) None  4) Unbound, except as indicated in the horizontal 
section 
 1) None47 
 
2) None47 
 
3) None47 
 4) None  
                         
47 For those functions where an engineering degree is  required, the US limitations on engineering also a pply.    TN/S/O/USA/Rev.1
 Page 107 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
11.G.  
a)     Pipeline transportation 
of fuels (CPC 7131)  1)  None 
 
2)  None  
 3)  Applicants for rights of way for pipelines 
over federal lands must be either US 
citizens, associations of such citizens, or 
corporations formed under the laws of 
any US State, territory  or the District of 
Columbia . 
 
 4)  Unbound, except as indicated in the       
horizontal section  
  1) None 
 
2)  None 
 
3) Under the Mineral Lands Leasing Act 
of 1920, aliens and foreign corporations 
may not acquire rights-of-way for oil or 
gas pipelines, or pipelines carrying 
products refined from oil and gas, 
across on-shore federal lands.48   
 
4) None   
1.F.j Services Incidental to 
Energy Distribution  1) None 
  2) None   3) None   4) Unbound, except as indicated in the horizontal 
section 
 1) None 
 2) None  3) None 
 
4) None  
b)    Storage and warehouse 
services* (except  
maritime transport 
services or services to 
which the Annex on Air 
Transport Services applies ) 
(CPC 742) 
 
   
1) None 
 
2) None  
3) None 
 
4) Unbound, except as indicated in the 
horizontal section  
  
1) None 
 
2) None  
3) None  
4) None  
  
                         
48 For Transparency purposes, Non-U.S. citi zens may own a 100 percent interest in a dome stic corporation that acquires a right-of- way for oil or gas pipelines across on-shore 
federal lands, unless the foreign investor's home country denies similar or like privileges for the mineral or access in questi on to U.S. citizens or corporations, as compared with the 
privileges it  accords to its own citizens or corporations or to  the citizens or corporations of other countries.  Nationalizat ion is not considered to be denial of similar or like privileges.  
  TN/S/O/USA/Rev.1 
Page 108  
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
4.A  Commission Agents' 
Services: sales of fuels, brokerage of electricity  1) None 
 2) None  3) None  4) Unbound, except as indicated in the horizontal 
section 1) None 
 2) None  3) None  4) None  
 
4.B Wholesale Trade: solid, 
liquid, and gaseous fuels and related products 
(CPC 62271)   
1) None 
 2) None  3) None  4) Unbound, except as indicated in the horizontal 
section 
  
1) None 
 2) None  3) None  4) None  
4.C Retailing: fuel oil, bottled 
gas, coal, and woods 
(CPC 63297)   
1) None 
 2) None  3) None  4) Unbound, except as indicated in the horizontal 
section 
  
1) None 
 2) None  3) None  4) None    TN/S/O/USA/Rev.1
 Page 109 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
1.A.e   Engineering Services 
       (CPC 8672)  1) None 
 2) None  3) None  
4) Unbound, except as indicated in the horizontal 
section.  In addition, US citizenship is required for licensure in the District of Columbia. 1) None 
 2) None  3) None  4) In-state residency is required for 
licensure in:  Idaho, Iowa, Kansas, Maine, Mississippi, Nevada, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, and West Virginia. 
  
1.A.f   Integrated Engineering
  Services (CPC 8673)  1) None 
 2) None  3) None  
4) Unbound, except as indicated in the horizontal 
section.  In addition, US citizenship is required for licensure in the District of Columbia. 1) None 
 2) None  3) None  4) In-state residency is required for 
licensure in:  Idaho, Iowa, Kansas, Maine, Mississippi, Nevada, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, and West Virginia. 
   TN/S/O/USA/Rev.1 
Page 110  
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
1.F.n  Maintenance & Repair 
of Equipment (except maritime vessels, aircraft, and other transport equipment) 
(CPC 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) None  
 
1.F.c Management Consulting 
(CPC 865)   
1) None 
 2) None  3) None  4) Unbound, except as indicated in the horizontal 
section 
  
1) None 
 2) None  3) None  4) None  
 
1.F.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) None    TN/S/O/USA/Rev.1
 Page 111 
Modes of supply:      1)    Cross-border supply         2)    Consumption abroad         3)    Commercial presence         4)    Presence of natural persons   
Sector or subsector Limitations on market access Limitations on nation al treatment Additional commitments 
 
3. CONSTRUCTION & 
RELATED ENGINEERING SERVICES - except 
Marine Dredging (CPC 
511-518)  
 
   
1) Unbound* 
 2) None  3) None  4) Unbound, except as indicated in the horizontal 
section.   In addition, an in-state office must be maintained by all contractors in Michigan. 
  
1) Unbound* 
 2) None  3) None  4) None 
   
PART II  
 
11.G  Pipeline transportation of fuels  
 
11.H.b  Storage and warehouse services: Bulk storage services of liquids and gases  
 
1.F.e  Technical testing and analysis services, except fo r technical testing and analysis services re lated to medical devices, food, and food products   
 
  TN/S/O/USA/Rev.1 
 Page 113 
  
 
ATTACHMENT TO THE UNITED STATES SCHEDULE 
 
REFERENCE PAPER  
 
Scope  
 The following are definitions and principles on the regulatory framework for the basic 
telecommunications services.    Definitions
 
 Users
 mean service consumers and service suppliers.   
 Essential facilities
 mean facilities of a public 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 technically  substituted in order to provide a   service. 
 A major supplier
 is a supplier which has the ability to materia lly affect the terms of participation (having 
regard to price and supply) in the relevant mark et for basic telecommunications services as a result of: 
  (a) control over essential facilities;  or   (b) use of its position in the market.  1. Competitive safeguards
 
 1.1 Prevention of anti-competitive practices in telecommunications
 
  Appropriate measures shall be maintained for th e purpose of preventing suppliers who, alone or 
together, are a major supplier from engaging in or continuing anti-competitive practices.  1.2 Safeguards
 
  The anti-competitive practices referred to  above shall include in particular: 
  (a) engaging in anti-competitive cross-subsidization;     (b) using information obtained from compe titors with anti-competitive results;  and 
  (c) not making available to other services suppliers on a timely basis technical information about 
essential facilities and commercially relevant information which are necessary for them to provide services.  
 TN/S/O/USA/Rev.1 
Page 114   2. Interconnection
 
 2.1 This section applies to linking with supplie rs providing public telecommunications transport 
networks or services in order to allow the users of  one supplier to communicate with users of another 
supplier and  to access services provided by another supplier, where specific commitments are undertaken. 
 2.2 Interconnection to be ensured
49 
  Interconnection with a major supplier will be en sured at any technically feasible point in the 
network.  Such interconnection is provided.   (a) under non-discriminatory terms, conditions (inc luding technical standards and specifications) and 
rates and of a quality no less favorable 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 (i ncluding technical standards and specifications) and 
cost-oriented rates that are transparent, r easonable, having regard to economic feasibility, 
and sufficiently unbundled 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 the networ k termination points offered to the majority of 
users, subject to charges that reflect th e cost of construction of necessary additional 
facilities. 
 2.3 Public availability of the pro cedures for interconnection negotiations
 
  The procedures applicable for interconnection to a major supplier will be ma de publicly available. 
 2.4 Transparency of interconnection arrangements
 
  It is ensured that a major supplier will make  publicly available either its interconnection 
agreements or a reference interconnection offer.  
                         
 49 Rural local exchange carriers may be exempted by a state regulatory authority for a limited period of time from the 
obligations of section 2.2. with regard to inte rconnection with competing local exchange carriers. 
 Rural telephone companies do not have to pr ovide interconnection to competing local ex change carriers in the manner specified 
in section 2.2. until ordered to do so by a state regulatory authority.  TN/S/O/USA/Rev.1 
 Page 115 
  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 an independent domestic body, which may be a regul atory body as referred to in paragraph 5 below, to 
resolve disputes regarding appropriate terms, conditi ons 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-discriminatory and competitively ne utral 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 license is required, the following will be made publicly available:   (a) all the licensing criteria and the period of time normally required to reach a decision concerning 
an application for a license  and 
  (b) the terms and conditions of  individual licenses.   The reasons for the denial of a license will be made known to the applicant upon request.  5. Independent regulators
 
  The regulatory body is separate from, and not accountable to, any supplier of basic telecommunications services. The decisions of and the procedures used by regulators shall be impartial 
with respect to all market participants.  6. Allocation and use of scarce resources
 
  Any procedures for the allocation and use of scarce resources, including frequencies, numbers and 
rights of way, will be carried out in an objective, timely, transparent and non-di scriminatory 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/USA/Rev.1 
Page 116   
ATTACHMENT TO THE UNITED STATES SCHEDULE 
 
ADDITIONAL COMMITMENTS PAPER I
 
 (a) Taking note of principles of federalism under the United States Constitution, recognizing that 
insurance has been regulated at the state gove rnment level since the beginning of insurance 
regulation in the United States, and further r ecognizing the provision of the McCarran-Ferguson 
Act that A[t]he business of insurance...shall be s ubject to the laws of the several States,@ the 
Government of the United States welcomes effort s by the National Association of Insurance 
Commissioners (ANAIC@) to promote the harmoniza tion of state insuranc e regulation, through 
such steps as its Accreditation Program and the preparation of model insurance laws. 
 (b) The Government of the United States notes that under Accreditation Program, the NAIC selects 
an independent team of auditors to review the co mpliance of states with the laws, regulations, and 
regulatory and organizational practices contained in the NAIC accreditation standards.  The team reports to the NAIC, which determines whet her a state qualifies for accreditation under the 
standards.  As of October 11, 1994, 37 states were accredited by the NAIC through this program. 
 (c) The Government of the United States notes that NAIC Model Laws are designed to facilitate 
legislative and regulatory action on common problems among the states and are intended to save duplication of effort on the part of the states.  Some models are adopted by all or most of the states, so there is a harmonizing effect. Some models serve as guidelines which the states may adopt, utilize or amend to fit their individual needs.  Certain models have been identified as being of such import that their adoption is necessar y for states to be accredited pursuant to NAIC 
financial regulation standards. 
 (d) The Government of the United States encourages the NAIC to continue its effort to work with 
state governments on these programs. 
 (e) Recognizing principles of federalism, the long hi story of state regulation of insurance in the 
United States, and the McCarran-Fer guson Act, and noting the concerns of regulators who seek to 
further increase internationalization of their insurance markets while addressing prudential 
concerns, the Government of the United States: 
 
 (i) welcomes that the NAIC in October 1993 adopted a model law on the initial entry of non-U.S. 
insurance providers without their prior establishment in another state, and the Government of the United States encourages the NAIC to continue and as appropriate 
intensify its efforts with relevant state authorities with regard to this issue; 
 
 (ii) would welcome consideration by the NAIC, if appropriate, of the issue of the time period 
for review of licensing applications of in surance providers, from the perspective that 
regulatory authorities should make administrative decisions on completed applications of insurance providers within a reasonable time; and 
 
 (iii) welcomes efforts by the NAIC to review  with the states the question of citizenship 
requirements for the boards of directors of foreign insurance providers, and the Government of the United States encourages the NAIC to continue and as appropriate 
intensify its efforts with relevant state authorities within regard to this issue.  TN/S/O/USA/Rev.1 
 Page 117 
  (f) The Government of the United States notes the concern raised by another Member that different 
state regulations for foreign insurance provide rs on lines of products permitted, trusteed assets 
requirements, deposit requirements, remittance ceili ng and reinsurance trust funds affect foreign 
insurance providers' ability to enter the insurance market of the United States. 
   TN/S/O/USA/Rev.1 
Page 118   
ADDITIONAL COMMITMENTS PAPER II
 
  (1) The Administration has expressed its support for Glass-Steagall reform on a national treatment 
basis and will work with Congress to achieve an appropriate framework to accomplish this 
objective. 
 (2) The Administration, noting that even before th e adoption of the Riegle-N eal banking legislation, 
many states had taken action to liberalize interstate acquisitions of banks on a basis that provided national treatment to foreign banks, welcomes fu rther initiatives by states to provide additional 
access on a non-discriminatory basis. 
 (3) The Government of the United States has taken action to remove impediments to the offering of 
securities in the United States by foreign and domes tic issuers.  The National Securities Markets 
Improvement Act of 1996 preempts state regulation of offerings of certain securities, including those listed on the New York Stock Exchange, th e National Association of Securities Dealers 
Automated Quotation/National Market System, and securities issued by registered investment companies.  This legislation eliminates duplicativ e state and federal securities legislation in the 
area of securities registration. 
 (4) Section 7(d) of the Investment Company Act authorizes the SEC to permit a foreign investment 
company to register and publicly offer its sh ares in the United States if the SEC makes the 
following prudential findings: 
 
 1. that it is both legally and practically feasible for the SEC and U.S. investors effectively to 
enforce the provisions of the Investment Co mpany Act against the investment company, 
and 
 
2. that it is consistent with the requirements set forth in the Investment Company Act. 
 (5) The Government of the United States notes that  the Federal Reserve, working in cooperation with 
other domestic supervisory authorities, has estab lished an enhanced framework for the regulation 
and supervision of U.S. operati ons of foreign banks, which e ndeavors to coordinate annual 
examinations of foreign banks  and provide uniform guidance with respect to examination 
policies. 
   TN/S/O/USA/Rev.1 
 Page 119  
 
 UNITED STATES OF AMERICA - FINAL LIST OF ARTICLE II (MFN) EXEMPTIONS  
 
Sector or subsector Description of measure 
indicating its inconsistency with 
Article II Countries to which the 
measure applies Intended duration Conditions creating the need 
for the exemption 
 
Movement of persons  
Government issuance of treaty 
trader or treaty investor 
non-immigrant visas that extend a 
special visa category to nationals of treaty partners in executive and 
other personnel categories 
engaged  
Countries with whom the 
United States has a 
Friendship, Commerce and 
Navigation Treaty (FCN), a Bilateral Investment Treaty 
(BIT), or certain countries as 
described in Section 204 of the Immigration Act of 1990  
Indefinite  
To facilitate trade under FCNs 
and BITs 
 
  
- solely to carry on substantial 
trade, including trade in 
services or trade in 
technology, principally between the US and the foreign state of which a 
natural person is a national, 
or  
  
  
 
   
- solely to develop and direct 
the operations of an enterprise in which a natural 
person has invested or is 
actively in the process of investing a substantial 
amount of capital  
  
  
 
   
Restrictions on performance of 
longshore work when making US port calls by crews of foreign 
vessels owned and flagged in 
countries that similarly restrict US crews on US-flag vessels from longshore work 
  
Countries that prohibit 
longshore work by crew members aboard US vessels  
Indefinite  
Reciprocal restrictions on 
countries that prohibit longshore work by crew 
members aboard US vessels  TN/S/O/USA/Rev.1 
Page 120 
Sector or subsector Description of measure 
indicating its inconsistency with 
Article II Countries to which the 
measure applies Intended duration Conditions creating the need 
for the exemption 
 
All Sectors: Taxation 
Measures  
Differential treatment under direct 
tax measures at the federal level  
All  
Indefinite  
 
   
Such measures are:  
  
  
 
   
- measures under the US 
Internal Revenue Code (IRC) permitting the 
residents of countries 
contiguous to the United States to receive more 
favorable treatment and 
permitting certain US taxpayers to receive more 
favorable treatment as to 
their contiguous country operations, and providing 
any other benefits with 
respect to contiguous countries; 
  
  
  
Volume of movements across 
US borders between Canada and the United States and 
between Mexico and the United 
States; efficient administration of tax system. 
 
 
 
  
- benefits available under the 
US IRC with respect to US possessions; 
  
  
  
Coordination of the United 
States and US possession income taxes; fiscal arrangements for US 
possessions; and facilitation of 
economic development in US possessions 
   TN/S/O/USA/Rev.1 
 Page 121 Sector or subsector Description of measure 
indicating its inconsistency with 
Article II Countries to which the 
measure applies Intended duration Conditions creating the need 
for the exemption 
 - benefits available under the 
US IRC with respect to 
Caribbean Basin Initiative 
(CBI) beneficiary countries;   Facilitation of economic 
development in certain 
developing countries  
 
  
- regarding activities covered 
by the scope of the General 
Agreement on Trade in 
Services, reciprocal reduction of taxation on 
income derived from the 
international operation of aircraft or of taxation of certain earnings derived 
from the use of railroad 
rolling stock;  
  
  
Prevention of double taxation 
and proper tax administration 
 
  
- tax exemption for earnings 
derived from the ownership 
or operation of a 
communications satellite system by a foreign entity 
designated by a foreign 
government to participate in such ownership if the 
United States, through its 
designated entity, participates in such system pursuant to the 
Communications Satellite 
Act of 1962;  
  
  
Facilitation of satellite 
communications and proper tax 
administration 
 
  
- denial of statutory reduction 
of double taxation or deferral of US tax on 
income earned through 
controlled foreign corporations, because the country participates in or 
cooperates with an 
international boycott, or for similar foreign policy 
reasons;  
  
  
Foreign policy considerations  TN/S/O/USA/Rev.1 
Page 122 
Sector or subsector Description of measure 
indicating its inconsistency with 
Article II Countries to which the 
measure applies Intended duration Conditions creating the need 
for the exemption 
 
  
- measures permitting less 
favorable taxation for 
citizens, corporations or products of a foreign 
country based on 
discriminatory or extraterritorial taxes, more burdensome taxation, or 
other discriminatory 
conduct;  
  
  
To foster efficient international 
taxation policies 
 
  
- allow the deduction for 
expenses of an 
advertisement carried by a 
foreign broadcast undertaking and directed 
primarily to a US market 
only where the broadcast undertaking is located in a 
foreign country that allows 
a similar deduction for an advertisement placed with a US broadcast undertaking;  
  
  
To encourage the allowance of 
advertising expenses 
internationally   TN/S/O/USA/Rev.1 
 Page 123 Sector or subsector Description of measure 
indicating its inconsistency with 
Article II Countries to which the 
measure applies Intended duration Conditions creating the need 
for the exemption 
 
  
- in connection with the 
exclusion of, or deduction 
relating to, certain foreign earned income from the 
gross income of individuals, 
the benefit of a waiver of the required period of stay in a foreign country as 
determined by the Secretary 
of the Treasury.  The Secretary is empowered to 
determine that individuals 
were required to leave a foreign country because of 
war, civil unrest or similar 
adverse conditions in such foreign country which 
precluded the normal 
conduct of business by such individuals; and  
  
  
To take into account problems 
created by adverse conditions 
within particular countries 
 
  
Sub-federal tax measures 
affording differential treatment to 
service suppliers or to services when the differential treatment is based on one of the following 
criteria:  
All  
Indefinite  
To implement fiscal policies of 
sub-central governments 
 
  
- are performed, consumed, or 
located within different 
sub-federal entities;  
  
  
 
   
- differ based on the size or 
income of the service supplier or on the scale or 
methods (including 
environmental and health and safety measures) of performance;  
  
  
  TN/S/O/USA/Rev.1 
Page 124 
Sector or subsector Description of measure 
indicating its inconsistency with 
Article II Countries to which the 
measure applies Intended duration Conditions creating the need 
for the exemption 
 
  
- differ in the extent of 
ownership or participation 
by minority or other disadvantaged groups;  
  
  
 
 
  
- differ as to the eligibility for 
non-profit status for 
pension, profit-sharing or other employee-benefit 
regimes;  
  
  
 
 
  
- differ based on federal 
immunity to taxation, for 
example, exemption from sub-federal tax on US 
government obligations or 
contracts:  
  
  
 
   
- are performed or located in 
countries contiguous to the 
United States; or  
  
  
 
   
- are performed or located in 
jurisdictions with which sub-federal entities have 
arrangements for tax 
cooperation and assistance  
  
  
 
 
  
Sub-federal measures 
substantively incorporating 
provisions of federal law subject to an MFN exemption under this 
agreement 
  
All   
Indefinite  
To implement fiscal policies of 
sub-central governments   TN/S/O/USA/Rev.1 
 Page 125 Sector or subsector Description of measure 
indicating its inconsistency with 
Article II Countries to which the 
measure applies Intended duration Conditions creating the need 
for the exemption 
 
All Sectors: 
Land Use  
Non-US citizens in Wyoming 
may not acquire or inherit land 
unless the country of which they are a citizen extends a reciprocal 
right to US citizens 
  
All  
Indefinite  
Lack of reciprocity 
 
All Sectors  
Canadian small businesses, but 
not small businesses of other 
countries, may use simplified registration and periodic reporting 
forms with respect to their 
securities  
Canada  
Indefinite  
Maintenance of established 
preference 
 
Telecommunication 
services:  One -way 
satellite transmission 
of DTH and DBS 
television s ervices 
and of digital audio 
services  
  
Differential treatment of countries 
due to application of reciprocity 
measures or through international 
agreements guaranteeing market 
access or national treatment  
  
All  
Indefinite   
Need to ensure substantially 
full market access and national 
treatment in certain markets.  
 
Financial Services50 
 
 
  
 
  
Differential treatment of countries 
due to application of reciprocity 
measures or through 
international agreements 
guaranteeing market access or 
national treatment.  
  
All 
 
 
  
 
  
Indefinite  
 
 
  
 
  
Need to protect existing 
activities of US service 
suppliers abroad and to ensure 
substantially full market access 
and national treatment in 
international financial markets.  
  
Banking a nd Other 
Financial Services 
(excluding Insurance)  
 
  
  
A broker -dealer registered under 
US law that has its principal 
place of business in Canada may 
maintain its required reserves in 
a bank in Canada subject to the 
supervision of Canada.  
   
Canada  
  
 
     
Indefinite  
  
 
  
  
Maintenance of established 
preference.  
 
 
  
 
                         
      50 The United States inadvertently attached its 1995 Financial Services MFN exemptions (GATS/EL/90/Suppl.1) rather than the 1998 e xemptions in the U.S. consolidated 
schedule.  We have inserted the correct version to our revised offer.  TN/S/O/USA/Rev.1 
Page 126 
Sector or subsector Description of measure 
indicating its inconsistency with 
Article II Countries to which the 
measure applies Intended duration Conditions creating the need 
for the exemption 
 
Banking and Other 
Financial Services 
(excluding Insurance)   
Permission to establish 
state -licensed branches or 
agencies, or to own commercial 
bank subsidiaries, is based on a 
reciprocity test in the following 
States: California (applies also to 
savings and loan associations), 
Connecticut (applies also to 
credit unions),  Georgia, Illinois, 
Kentucky, Louisiana, 
Massachusetts, Mi chigan, North 
Carolina, Pennsylvania, Texas, 
Washington.  Among the 
conditions on which agency or 
agency and representative office 
licenses may be granted for the 
following States is that the foreign 
bank is one of the five largest 
banks in the home countr y: 
Florida, Oklahoma.  Permission 
for a foreign -owned bank or trust 
company to act as fiduciary, and 
to use satellite banking terminals,   
All  
Indefinite   
Need to protect existing 
activities of US service 
suppliers abroad and to ensure 
substantially full m arket access 
and national treatment in 
international financial markets.  
 is based on a reciprocity test in 
Iowa.  Iowa also subjects the 
activities of foreign -owned 
savings and loan associations to a 
reciprocity test.  
    
 Michigan permits corporate 
central credit unions to place 
deposits in banks chartered in 
Canada or the European 
Common Market but not in banks 
chartered in other foreign 
countries.  Canada and European 
Common Market.  
 Indefinite  Maintenance of established 
preference.  
   TN/S/O/USA/Rev.1 
 Page 127 Sector or subsector Description of measure 
indicating its inconsistency with 
Article II Countries to which the 
measure applies Intended duration Conditions creating the need 
for the exemption 
 
  
Authority to ac t as a sole trustee 
of an indenture for a bond 
offering in the United States is 
subject to a reciprocity test.  
  
All 
 
  
 
  
Indefinite  
 
  
 
  
Need to ensure US financial 
service suppliers are permitted 
to provide trustee services in 
foreign markets.  
 
 
 
  
Designation as a primary dealer 
in US Government debt securities 
is conditioned on reciprocity.  
  
All  
Indefinite   
Need to ensure US financial 
service suppliers are afforded 
national treatment in foreign  
government debt markets.  
Insurance Measures according differential 
treatment in regard to the 
expansion of existing operations, 
the establishment of a new 
commercial presence or the 
conduct of new activities, in a 
circumstance in which a 
Member adopts or applies a 
measure that compels, or has the 
effect of compelling, a person of 
the United States, on the basis of 
its nationality, to reduce its share 
of ownership in an insurance 
services provider operating in the 
Member’s territory to a level 
below that prevailing on 
12/12/97. 
 All countries Indefinite  Need to protect existing US 
ownership of service suppliers 
operating in other Members. 
Banking and Other 
Financial Services 
(excluding 
Insurance) A broker-dealer registered under 
US law that has its principal 
place of business in Canada may 
maintain its required reserves in 
a bank in Canada subject to the 
supervision of Canada. Canada Indefinite Maintenance of established 
preference.  TN/S/O/USA/Rev.1 
Page 128 
Sector or subsector Description of measure 
indicating its inconsistency with 
Article II Countries to which the 
measure applies Intended duration Conditions creating the need 
for the exemption 
 
Banking and Other 
Financial Services 
(excluding 
Insurance)  
Permission to establish state-
licensed branches, agencies, or 
representative offices, or to own 
commercial bank subsidiaries, is 
based on a reciprocity test in the 
following States: California 
(applies also to savings and loan 
associations), Connecticut 
(applies also to credit unions), 
Georgia, Illinois, Kentucky, 
Louisiana, Massachusetts, 
Michigan, North Carolina, 
Pennsylvania, Washington.  
Among the conditions on which 
agency or agency and 
representative office licenses 
may be granted for the following 
States is that the foreign bank is 
one of the five largest banks in 
the home country: Florida, 
Oklahoma.  Permission for a 
foreign-owned bank or trust 
company to act as fiduciary, and 
to use satellite banking 
terminals, is based on a 
reciprocity test in Iowa.  Iowa 
also subjects the activities of 
foreign-owned savings and loan 
associations to a reciprocity test.  
All  
Indefinite  
Need to protect existing 
activities of US service 
suppliers abroad and to ensure 
substantially full market 
access and national treatment 
in international financial 
markets.banking terminals, is 
based on a reciprocity test in 
Iowa. Iowa also subjects the 
activities of foreign-owned 
savings and loan associations 
to a reciprocity test. 
 
   TN/S/O/USA/Rev.1 
 Page 129 Sector or subsector Description of measure 
indicating its inconsistency with 
Article II Countries to which the 
measure applies Intended duration Conditions creating the need 
for the exemption 
 Michigan permits corporate 
central credit unions  to place 
deposits in banks chartered in 
Canada or the European 
Common Market but not in 
banks chartered in other foreign 
countries. 
 
Authority to act as a sole trustee 
of an indenture for a bond 
offering in the United States is 
subject to a reciprocity test.  
Designation as a primary dealer 
in US Government debt 
securities is conditioned on 
reciprocity. 
 Canada and European 
Common Market  
   
 
 
All 
 
   
All Indefinite  
 
   
 
 
Indefinite 
 
   
Indefinite Maintenance of established 
preference. 
 
   
 
 
Need to ensure US financial 
service suppliers are permitted 
to provide trustee services in 
foreign markets  
Need to ensure US financial 
service suppliers are afforded 
national treatment in foreign 
government debt markets. 
 
  
Transport Services: 
Air Transport Services  
Measures which pertain to selling 
and marketing of air transport services (including sales, other 
than by airlines, of passenger 
charters and forwarding of air freight other than by airlines) and to operation and regulation of 
computer reservation system 
(CRS) services, as described in the Annex on Air Transport 
Services.  (For transparency 
purposes, these measures include, but are not limited to, bilateral 
and multilateral civil aviation 
agreements, understandings and  
All partners with which the 
United States has active aviation relations 
(approximately 
100 countries) covered by bilateral or other air services agreements and comity and 
reciprocity regimes.  Also 
concerned are the co-signatories of the Chicago 
Convention and various other 
international aviation agreements, undertakings, 
and understandings to which 
the United States is a party.  
Indefinite  
The common policy and 
practice of exchanging rights, settling disputes, and applying 
laws and other measures 
pertaining to the operation of civil aircraft and air transportation differentially, 
with respect to the activities 
referred to above, on the basis of mutual agreement and 
balanced exchanges of rights 
and responsibilities.  TN/S/O/USA/Rev.1 
Page 130 
Sector or subsector Description of measure 
indicating its inconsistency with 
Article II Countries to which the 
measure applies Intended duration Conditions creating the need 
for the exemption 
 
  
undertakings and informal comity 
and reciprocity aviation regimes 
to which the United States is a party; US laws and regulations, 
including the International Air 
Transportation Fair Competitive Practices Act of 1974, as amended, the Federal Aviation 
Act of 1958, as amended, the 
International Air Transportation Competition Act of 1979, the 
International Aviation Facilities 
Act, as amended, and Title 14, Parts 1 - 399, of the Code of 
Federal Regulations; and 
measures of US states and territories and the District of 
Columbia, and of their agencies 
and subdivisions).  
  
  
 
 Transport Services: 
Road Transport  
The US government has 
discretion to limit the issuance of trucking licenses to persons from 
contiguous countries on the basis 
of reciprocity.  The Bus Regulatory Reform Act of 1982 
permits the President to remove 
or modify in whole or in part the moratorium on a finding that such 
removal or modification is in the 
national interest.  Domestic and cross-border trucking operations 
are permitted within designated 
Interstate Commerce Commission commercial zones.  The moratorium was lifted for Canada 
in October 1982.   
Mexico, Canada  
Indefinite  
Need to have authority to 
impose a moratorium on the issuance of new licenses for 
domestic operations within and 
cross-border operations into the United States on the basis of 
reciprocity   TN/S/O/USA/Rev.1 
 Page 131 Sector or subsector Description of measure 
indicating its inconsistency with 
Article II Countries to which the 
measure applies Intended duration Conditions creating the need 
for the exemption 
 
Transport Services:  
Pipeline Transport  
Pursuant to the Mineral Lands 
Leasing Act of 1920, aliens and 
foreign corporations may not acquire rights-of-way for oil or 
gas pipelines, or pipelines 
carrying products refined from oil and gas, across on-shore federal lands or acquire leases or interests 
in certain minerals on on-shore 
federal lands, such as coal or oil.  
Non-US citizens may own a 
100 per cent interest in a domestic corporation that acquires a right-  
All  
Indefinite  
Lack of reciprocity 
 of-way for oil or gas pipelines 
across on-shore federal lands, or 
that acquires a lease to develop 
mineral resources on on-shore federal lands, unless the foreign 
investors' home country denies 
similar or like privileges for the mineral or access in question to US citizens or corporations, as 
compared with the privileges it 
accords to its own citizens or corporations or to the citizens or 
corporations of other countries.  
Nationalization is not considered to be denial of similar or like 
privileges.  Foreign citizens, or 
corporations controlled by them, are restricted from obtaining 
access to federal leases on Naval 
Petroleum Reserves if the laws, customs or regulations of their country deny the privilege of 
leasing public lands to US 
citizens or corporations.  
  
  
  TN/S/O/USA/Rev.1 
Page 132 
Sector or subsector Description of measure 
indicating its inconsistency with 
Article II Countries to which the 
measure applies Intended duration Conditions creating the need 
for the exemption 
 
Transport Services: 
Space Transportation  
Quantitative restrictions and price 
disciplines in certain bilateral 
agreements on the launch of satellites in the international 
commercial space launch market  
All   
Indefinite  
Need to prevent disruption of 
competition in the international 
space launch market 
 
__________