metadata: authors: 0: author: Borchert,Ingo
1: author: Gootiiz,Batshur
2: author: Mattoo,Aaditya
count: World
docna: 0: docna: Guide to the services trade restrictions database
docty: Policy Research Working Paper
theme: Other trade and integration
majtheme: Trade and integration
subtopic: Telecommunications Infrastructure,Educational Sciences,International Trade and Trade Rules,Trade and Services,Transport Services
teratopic: Transport,Private Sector Development,Public Sector Development,Information and Communication Technologies,Finance and Financial Sector Development
abstracts: cdata!: A new Services Trade Restrictions
            Database collects and makes publicly available information
            on services trade policy assembled in a comparable manner
            across 103 countries, five sectors (telecommunications,
            finance, transportation, retail and professional services)
            and the key modes of service supply. It contains richly
            textured policy information as well as a preliminary
            quantification of policy measures. This paper is a guide to
            the database, and provides a description of the data, how it
            was collected, how policy information was quantified, and
            how the data are presented in the publicly available,
            interactive Web database. The database is best seen as a
            first response to the strong demand for better information
            from policy-makers, negotiators, researchers and the private
            sector. Even in its present version, the database can play
            an important role in advancing policy reform by facilitating
            the analysis of services policies, informing international
            negotiations by providing data on actual policies, and
            provoking dialogue and refinements by making information on
            policies publicly available. Through feedback from various
            interested parties, the database may evolve into a
            collectively created public good.
repnme: repnme: Guide to the services trade restrictions database
display_title: Guide to the services trade
            restrictions database
listing_relative_url: /research/2012/06/16441094/guide-services-trade-restrictions-database
topicv3: Commercial Presence m1326477 1184,Transport m1326661 135,Trade m1326924 698,Education m1327048 470,Telecommunications and Broadband Access
            m1327340 286
publishtoextweb_dt: 2012-06-01T00:00:00Z
historic_topic: Transport,Private Sector Development,Public Sector Development,Information and Communication Technologies,Finance and Financial Sector Development
no_of_pages: 64
author_keys: 0: author_key: 1002939
1: author_key: 865077
2: author_key: 429183
model_extractions: WPS6108 Policy Research Working Paper 6108 Guide to the Services Trade Restrictions Database _Ingo Borchert Batshur Gootiiz Aaditya Mattoo_ The World Bank Development Research Group Trade and Integration Team June 2012
Policy Research Working Paper 6108

# **Abstract**

A new Services Trade Restrictions Database collects and makes publicly available information on services trade policy assembled in a comparable manner across 103 countries, five sectors (telecommunications, finance, transportation, retail and professional services) and the key modes of service supply. It contains richly textured policy information as well as a preliminary quantification of policy measures. This paper is a guide to the database, and provides a description of the data, how it was collected, how policy information was quantified, and how the data are presented in the publicly available, interactive Web database. The database is best seen as a first response to the strong demand for better information from policy-makers, negotiators, researchers and the private sector. Even in its present version, the database can play an important role in advancing policy reform by facilitating the analysis of services policies, informing international negotiations by providing data on actual policies, and provoking dialogue and refinements by making information on policies publicly available. Through feedback from various interested parties, the database may evolve into a collectively created public good.

This paper is a product of the Trade and Integration Team, Development Research Group. It is part of a larger effort by the World Bank to provide open access to its research and make a contribution to development policy discussions around the world. Policy Research Working Papers are also posted on the Web at http://econ.worldbank.org. The authors may be contacted at amattoo@worldbank.org, i.borchert@sussex.ac.uk and bgootiiz@worldbank.org.

_The Policy Research Working Paper Series disseminates the findings of work in progress to encourage the exchange of ideas about development issues. An objective of the series is to get the findings out quickly, even if the presentations are less than fully polished. The papers carry the names of the authors and should be cited accordingly. The findings, interpretations, and conclusions expressed in this paper are entirely those of the authors. They do not necessarily represent the views of the International Bank for Reconstruction and Development/World Bank and its affiliated organizations, or those of the Executive Directors of the World Bank or the governments they represent._ Produced by the Research Support Team
# **Guide to the Services Trade Restrictions Database**

Ingo Borchert, Batshur Gootiiz and Aaditya Mattoo* _JEL Classification_ : F13, F14, L80 _Keywords_ : Services trade barriers, quantification, trade policy patterns.

*World Bank, 1818 H Street NW, Washington DC 20433.  Contact information: I.Borchert@sussex.ac.uk, <u>bgootiiz@worldbank.org, and amattoo@worldbank.org.  The authors would like to thank Rudolf Adlung, Nora Dihel,</u> Ana M. Fernandes, Shushanik Hakobyan, Bernard Hoekman, Aart Kraay, Hildegunn Nordås, Sebastian Saez and David Tarr and the World Bank‟s Council of Chief Economists, for many helpful suggestions.  We are grateful to Thelma Choi, Samantha De Martino, Yinuo Geng, Anna Rakhman, Nadia Rocha and, especially, Christine Lee, who contributed significantly to the creation of the database, and to Qinghua Zhao, who designed the website.  This paper is part of a World Bank research project on trade in services supported in part by the governments of Norway, Sweden, and the United Kingdom through the Multidonor Trust Fund for Trade and Development, and by the UK Department for International Development (DFID).  The findings, interpretations, and conclusions expressed in this paper are entirely those of the authors. They do not necessarily represent the views of the International Bank for Reconstruction and Development/World Bank and its affiliated organizations, or those of the Executive Directors of the World Bank or the governments they represent, or any of the aforementioned individuals or institutions.
2

|**TABLE OFCONTENTS**||
|---|---|
|1. INTRODUCTION|3|
|2. ABOUT THE DATA|4|
|3. DATA COLLECTION PROCESS|15|
|4. QUANTIFICATION OF SERVICES POLICY INFORMATION|17|
|5. DATA PRESENTATION ON THE WEBSITE|24|
|6. CONCLUSION|33|
|**LIST OFTABLES**||
|Table 1: Coverage of sectors and modes of supply|7|
|Table 2: Description of standardized measures for mode 3 (all sectors)|9|
|Table 3: Description of sector-specific measures|10|
|Table 4: Key restrictions and STRI scores for Brazil|18|
|Table 5: Scores for individual measures in mode 3 bank lending sector|20|
|Table 6: Burundi – mode 3 bank lending sector|21|
|Table 7: Thailand – mode 3 bank lending sector|21|
|Table 8: India – mode 3 bank lending sector|22|
|Annex Tables|34|
|**LIST OFFIGURES**||
|Figure 1a: Making a selection (STRI tab)|26|
|Figure 1b: Making a selection (All policy measures tab)|26|
|Figure 2: Results in STRI tab|27|
|Figure 3: Results in “Key restrictions” tab|29|
|Figure 4: Results in “Main policy measures” tab|31|
|Figure 5: Results in “All policy measures” tab|32|
3

# **1. INTRODUCTION**

The Services Trade Restrictions Database collects and makes publicly available information on services trade policy assembled in a comparable manner across 103 countries, five sectors (telecommunications, finance, transportation, retail and professional services) and the key modes of service supply. This paper is a guide to the database and provides a description of the data that has been collected, how it was collected, how policy information was quantified, and how the data are presented in the publicly available, interactive Web database. An analytical account of the emerging patterns of policy across countries and sectors can be found in Borchert, Gootiiz and Mattoo (2012). This companion paper also presents evidence on the impact of policy barriers on investment flows and access to services.

The database is best seen as a first response to the strong demand for better information from policy-makers, negotiators, researchers and the private sector. Even in its present version, we see the database as playing an important role in advancing policy reform by facilitating the analysis of services policies; in informing international negotiations by providing data on actual policies; and in provoking dialogue and refinements by making information on policies publicly available. Thus, we do not regard the initial version of the database as providing a definitive picture of trade policy but as a first approximation which will, through feedback from various interested parties, evolve into a collectively created public good – along the lines of a “wiki-database.” The entire database – including all qualitative and quantitative information, annotated descriptions of policies, as well as detailed documentation – is publicly available at http://iresearch.worldbank.org/servicestrade.<sup>1</sup> To the best of our knowledge, no other data source provides similar information on barriers to services trade in a comparable manner for such a large cross-section of countries.

1 Any inquiries or feedback regarding the database can be sent to servicestrade@worldbank.org.
4

# **2. ABOUT THE DATA**

The Services Trade Restrictions Database contains information on policies that affect international trade in services. Services trade is defined, as is now customary, to include the supply of a service through cross-border delivery, through establishing a commercial presence, or through the presence of a natural person.<sup>2</sup> The perspective is one of a foreign supplier who wishes to provide services to consumers in a particular country, and we focus mainly on policy measures that discriminate against foreign services or service providers. Domestic regulations that affect domestic and foreign agents alike are only covered in the few instances where they clearly have a major impact on trade.

It is important to clarify at the outset what the database does not (yet) cover, which should be the focus of future data collection efforts. First, the database does not include information on the existing market structure – e.g. the number of firms, their market share and ownership – across sectors and countries, which means that our policy measures capture the restrictions on entry into markets but do not capture the prevailing extent of competition between domestic and/or foreign firms. Second, we do not collect data on outcome variables such as prices, quality, or diversity of services. Third, we are able to cover the state of prudential and pro-competitive regulation only in a rather limited way, which makes it hard to assess how far these ostensibly non-discriminatory measures offer _de facto_ protection to domestic service providers. This gap also makes it hard to assess how far the gains from market-opening depend on the state of complementary regulation, and we emphasize that a mechanical elimination of trade barriers is not necessarily desirable in all sectors. Fourth, we capture only limited information on the implementation of policies. For instance, we make an effort to identify certain aspects of the process by which services providers are granted licenses, such as transparency and accountability, but the process remains opaque and it is hard to determine whether the processes in themselves offer protection to domestic providers. Finally, the database focuses on countries‟ Most-Favored Nation (MFN) policies, which in (paradoxical) trade parlance means their non-preferential policies, and contains only limited information on their preferential policies. We discuss this issue further below under the heading „Dealing with preferential policies.‟

> 2  We do not cover “consumption abroad,” a mode of delivery that is particularly important in services like tourism, education and health – sectors not covered by the database.
5

# _<u>Countries covered in the database</u>_

The database encompasses information from a total of 103 countries, of which 79 are non-OECD countries, henceforth called developing countries, and 24 are OECD countries, together broadly representing all regions and income groups in the world.<sup>3</sup> For the full list of countries covered, please see Annex Table 1. First-hand information for non-OECD countries was collected by administering a questionnaire, whereas similar information for OECD countries was obtained from publicly available sources. To ensure data accuracy, policy information was subjected to review by government officials, which led to confirmation and/or update of the data for most of the OECD countries and a number of developing countries. The full list of governments which confirmed the policy information is available in Annex Table 1.

# _<u>Sectors and modes covered in the database</u>_

The database focuses on five major services sectors, namely financial services (banking and insurance), telecommunications, retail distribution, transportation<sup>4</sup> and professional services (accounting and legal), with each sector further disaggregated into subsectors as applicable. The choice of sectors was based primarily on our assessment of their economic importance from a development perspective, on the existence of meaningful restrictions on services trade, and on the feasibility of collecting relevant policy data.

We have not at this stage covered two important areas of export interest for developing countries: cross-border trade in business processing services (associated with the “outsourcing” phenomenon) and the international movement of less-skilled individuals to deliver services in fields such as construction. The rationale for not including the former is that such cross-border trade is largely free from explicit restrictions; the rationale for not including the latter is that the immigration policies which most significantly affect such movements of people are notoriously opaque. However, we hope to be able to address these gaps in future data collection exercises. We recognize

> 3  The regional affiliation of countries in this database follows the official World Bank country classification, which groups all nonhigh income countries into world regions.  For ease of exposition there are two exceptions to this rule: Trinidad and Tobago is presented as part of the Latin America and Caribbean (LAC) region, and Bahrain, Kuwait, Oman, Qatar and Saudi Arabia are referred to as Gulf Cooperation Council (GCC) countries.  All six are high-income countries in official World Bank terms. 4  Regarding policies governing cross-border (mode 1) trade in international air passenger transportation services, we draw on the WTO‟s QUASAR database since it represents the most comprehensive source currently available on bilateral air services agreements, covering over 2000 agreements.
6 that some of our conclusions, such as regarding the overall restrictiveness of services policy at the country level and the relative restrictiveness of services sectors, are necessarily influenced by this choice of sectors. We also recognize that the growing scope for digital delivery, for example in certain intermediate professional services, is allowing services providers to circumvent traditional barriers to trade and so trade in these areas may be _de facto_ more liberal than our data would suggest. However, any descriptive or econometric analyses that rely on cross-country patterns of trade restrictions for given sectors are not affected.

Within each sector or subsector, the database covers the most relevant modes of supplying the respective service: commercial presence or FDI (mode 3 in WTO parlance) in every subsector; in addition, cross-border supply (mode 1) of financial, transportation and professional services; and the presence of service supplying individuals (mode 4) in professional services. Box 1 provides the definitions of modes of supply covered by the questionnaire. Table 1 summarizes the combinations of subsectors and modes for which information is available.

# **Box 1: Definitions of modes**

**_Cross–border supply of services (mode 1):_** Under the GATS, this mode is defined as the supply of a service from the territory of one Member into the territory of any other Member.  It is analogous to trade in goods, and arises when a service crosses a national border, for example, if a consumer in country A purchases software or insurance from a provider located in country B.  It would also include the purchase by a consumer in country A of transportation services – such as a train ride or flight - from a provider located in country B.

**_The supply of services through commercial presence (mode 3):_** Under the GATS, “commercial presence” means any type of business or professional establishment, including through (i) the institution, acquisition or maintenance of a juridical person, or (ii) the creation or maintenance of a branch or a representative office within the territory of a Member for the purpose of supplying a service commercial.  This survey considers four types of commercial presence: a firm from country B might open a branch or subsidiary in the territory of country A, it might acquire part or all of an already existing firm in the territory of country A, or it might enter through Joint Venture with an already existing firm in the territory of country A. Thus, the service is provided within A by a locally-established affiliate, subsidiary, or branch of the foreign-owned and controlled firm.

**_The temporary presence of natural persons (mode 4):_** Under the GATS, this mode is defined as the supply of a service by a service supplier of one Member, through presence of natural persons of a Member in the territory of any other Member. Thus, it covers the temporary presence of individuals for the purpose of providing services directly to firms or consumers or for employment in service providing firms.
7

## **Table 1: Coverage of sectors and modes of supply**

|**Sectors/Sub-sectors**|**Mode 1 **|**Mode 3 **|**Mode 4**|
|---|---|---|---|
|Banking||||
|Bank lending|x|x||
|Deposit acceptance|x|x||
|Insurance||||
|Automobile insurance|x|x||
|Life insurance|x|x||
|Reinsurance|x|x||
|Telecom||||
|Fixed-line||x||
|Mobile||x||
|Retailing||||
|Retail distribution||x||
|Transport||||
|Air passenger domestic||x||
|Air passenger international|x|x||
|Maritime shipping international|x|x||
|Maritime auxiliary services||x||
|Road trucking||x||
|Railway freight||x||
|Professional Services||||
|Accounting|x|x|x|
|Auditing|x|x|x|
|Legal advice foreign law|x|x|x|
|Legal advice dom law||x|x|
|Court representation||x|x|

# _<u>Policy measures covered in the database</u>_

The primary focus of the database is on policies and regulations that discriminate against foreign services or foreign service providers, as well as certain key aspects of the overall regulatory environment that have a significant impact on trade in services. It is convenient to distinguish between measures that can be found in each of the sectors and those which are specific to certain sectors. Thus, the questionnaire contains a core set of standardized questions that are relevant for each subsector-mode combination; for example, whether there is a limit on foreign equity participation in mode 3. In addition, the questionnaire includes sector-specific questions; for example, whether there is a restriction on locations of outlets in retail services, or whether there is a restriction on the establishment of an international gateway in basic telecommunications.
8 Table 2 provides a comprehensive overview of all standardized questions in mode 3, and the full list of sector-specific measures, including measures for mode 1 and mode 4, are shown in Table 3. The complete questionnaire is available from the database website. A definition of terms used in the questionnaire and in the Tables below is provided in Annex Table 2.

With regard to mode 3, the set of standardized measures can be divided into the following broad categories:

- i. Legal form of entry and restrictions on foreign equity;

- ii. Licensing limits and transparency of licensing requirements;

- iii. Restrictions on operations;

- iv. Relevant aspects of the regulatory environment.

Measures governing mode 1 are slightly different from measures related to mode 3 in that they typically stipulate conditions under which cross-border trade may take place. Mode 4 measures, covered only in professional services, cover also immigration rules and qualification requirements that significantly affect this mode.
9

# **Table 2: Description of standardized measures for mode 3 (all sectors)**

|**Categories**|**Description**|**Measures**|
|---|---|---|
|**Form of**<br>**Entry**|This category includes measures affecting the form of<br>commercial presence that foreign service providers can establish,<br>and covers most of the measures falling within the scope of<br>GATS Article XVI on market access. Measures include those<br>affecting the legal form of entry: e.g. a branch, greenfield<br>subsidiary, acquisition of private domestic entity, acquisition of<br>government owned entity, and joint ventures. This category also<br>includes measures such as foreign equity restrictions, which are<br>defined as restrictions on the equity share foreign natural or<br>juridical persons can hold in a firm incorporated in the country in<br>question. The equity limit refers both to the combined share of<br>non-residents and to the share of individual natural or juridical<br>persons.|Market entry allowed<br>Greenfield branch allowed<br>Greenfield subsidiary allowed<br>Greenfield subsidiary: Max. foreign ownership allowed (%)<br>Domestic private entity acquisition allowed<br>Domestic private entity acquisition: Max. ownership by a single foreign entity allowed (%)<br>Domestic private entity acquisition: Max. aggregate foreign ownership allowed (%)<br>Domestic private entity acquisition: Controlling stake allowed<br>Domestic public entity acquisition allowed<br>Domestic public entity acquisition: Max. ownership by a single foreign entity allowed (%)<br>Domestic public entity acquisition: Max. aggregate foreign ownership allowed (%)<br>Domestic public entity acquisition: Controlling stake allowed<br>Joint venture allowed<br>Joint venture: Max. ownership by a single foreign entity allowed (%)<br>Joint venture: Max. aggregate foreign ownership allowed (%)<br>Joint venture: Controllingstake allowed|
|**Licensing**|This category includes, most importantly, limits on the number of<br>licenses issued which constitute a quota on the number of<br>providers and fall within the scope of GATS Article XVI on<br>market access. It also includes aspects of the policy regime<br>capturing discrimination in licensing criteria (GATS Article XVII<br>on national treatment), transparency and predictability of<br>licensing requirements, and license allocation mechanisms<br>(potentially falling within the scope of GATS Article VI on<br>domestic regulation).|License required<br>License criteria publicly available<br>License automatic if publicly available criteria fulfilled<br>Different licensing criteria for foreign and domestic firms<br>Number of licenses limited<br>License allocation: First come first served<br>License allocation: Competitive tender<br>License allocation: At discretion of authority<br>License allocation: Other<br>Length of license (years)<br>License renewal required<br>Automatic license renewal<br>Licensing decision within a certain period required<br>Licensing decision: Max. number of days permitted<br>Informingof reasons for license rejection required|
10

|**Categories**|**Description **|**Measures**|
|---|---|---|
|**Operations**|These measures focus on restrictions after establishment on the<br>operations of the firm, such as nationality requirements for the<br>board of directors or employees, and restrictions on the<br>repatriation of earnings (which would fall within the scope of<br>GATS Article XVII on national treatment).|Nationality requirement for employees<br>National employees: Min. percentage required<br>National employees: Min. number required<br>Nationality requirement for board of directors<br>National board of directors: Min. percentage required<br>National board of directors: Min. number required<br>Residency requirement for board of directors<br>Resident board of directors: Min. percentage required<br>Resident board of directors: Min. number required<br>Restrictions on repatriation of earnings<br>Other forms of discrimination|
|**Regulatory**<br>**Environment**|The regulatory measures focus on the independence of the sector<br>regulator, the opportunity for firms to be informed of regulatory<br>changes that affect them and the ability of firms to appeal<br>decisions. These are non-discriminatory measures affecting both<br>domestic and foreign suppliers and fall within the scope of GATS<br>Article VI on domestic regulation and Article XVIII on additional<br>commitments.|Existence of regulatory authority for the sector<br>Regulatory authority independent from sector ministry<br>Right to appeal regulatory decisions<br>Prior notice of regulatory changes|

# **Table 3: Description of sector-specific measures**

|**Sectors**|**Modes**|**Categories**|**Description of categories and measures**|**Measures per category**|
|---|---|---|---|---|
|**Financial: Banking:**<br>**Lending and**<br>**acceptance of**<br>|**Mode 1:**<br>**Cross**<br>**border**|**Conditions**<br>**under which**<br>**a service may**<br>**be provided**|These measures capture restrictions affecting a<br>foreign bank established outside the territory of<br>the relevant country. The cross-border supply of<br>banking services may confront restrictions on<br>the types of services provided and the ability of<br>consumers to obtain services, such as by<br>proving the lack of domestic availability.|Demonstration of domestic unavailability of service required<br>Restrictions on sector of the domestic firm using the service<br>Length of the loan restricted<br>Size of the loan restricted<br>Interest rate restricted<br>Other forms of restrictions<br>Approval required<br>Registration required<br>Size of the deposit restricted<br>Restrictions on the currencydeposited|
|**deposits**|**Mode 3:**<br>**Commercial**<br>**presence**|**Operations**|These measures aim to capture restrictions<br>affecting operations and expansion of banking<br>services beyond the first branch. For example,<br>restrictions on currency of banking services and<br>access to deposit insurance scheme affect the<br>ability of foreign firms to compete.|Number of branches restricted<br>Number of ATMs restricted<br>Transactions in local currency restricted<br>Raising capital domestically restricted<br>Access to Central Bank's discount window<br>Access to main payments system<br>Access to deposit insurance schemes|
11

|**Sectors**|**Modes**|**Categories**|**Description of categories and measures**|**Measures per category**|
|---|---|---|---|---|
|**Financial: Auto**<br>**insurance, life**|**Mode 1:**<br>**Cross**<br>**border**|**Conditions**<br>**under which**<br>**a service may**<br>**beprovided**|These are insurance-specific measures that aim<br>to assess if there is restriction on the type of<br>insurance policy that domestic consumers can<br>buy on a cross-border basis.|Term of insurance policy restricted<br>Value of insurance policy restricted|
|**insurance and**<br>**reinsurance**|**Mode 3:**<br>**Commercial**<br>**presence**|**Operations**|These measures aim to assess whether domestic<br>insurance companies have the freedom to<br>reinsure with foreign reinsurance firms<br>operating in the domestic market.|Obliged to cede part of insurance to a domestic re-insurer<br>Percentage of insurance to be ceded to a domestic re-insurer|
|||**Operations**|In basic telecommunications, restrictions on<br>establishing an international gateway oblige<br>providers to use the gateways of incumbents<br>and may put them at a disadvantage, as would<br>restrictions on the use of VoIP – a departure<br>from the principle of technological neutrality.|License technology neutral<br>Ownership and operation of an international gateway permitted<br>Gateway license fee (USD)<br>VoIP (voice over internet protocol) operation allowed|
|**Telecommunications:**<br>**Fixed and Mobile**|**Mode 3:**<br>**Commercial**<br>**presence**|**Regulatory**<br>**Environment**|The absence of an independent regulator can be<br>an impediment in the telecommunications<br>sector, because of potential incumbent control<br>over essential facilities. These measures aim to<br>understand whether a country provides an<br>enabling regulatory environment for<br>competition, such as by ensuring greater<br>transparency of interconnection arrangements<br>and spectrum use.|Regulatory authority independent from operators of basic telecom<br>services<br>Interconnection agreements/prices publicly available<br>Publishing Reference Interconnection Offer required<br>Spectrum use publicly available|
|**Retailing**|**Mode 3:**<br>**Commercial**<br>**presence**|**Operations**|In retailing, restrictions behind the border can<br>be important and are often hard to capture. In<br>general for retailing, distribution channels are<br>important, and the restrictions on the location<br>and number of outlets, and types of products<br>sold at these locations are covered. An effort is<br>also made to identify whether these measures<br>are discriminatory.|Limits on opening multiple brand stores<br>Opening of multiple brand stores: Differential treatment<br>Selling a particular product or brand restricted<br>Restrictions on products/brands: Differential treatment<br>Zoning laws: Differential treatment<br>Restrictions on the number of outlets<br>Number of outlets: Differential treatment|
|**Transportation: Air**<br>**Passenger**<br>**International**|**Mode 1:**<br>**Cross**<br>**border**|**Conditions**<br>**under which**<br>**a service may**<br>**be provided**|In air transportation, air services agreements are<br>bilateral and these agreements are often<br>confidential. The measures in cross-border air<br>passenger services focus on transparency of the<br>bilateral agreements and whether these<br>agreements contain restrictions on the route,<br>number, and capacity of flights between two<br>countries.|BASA publicly available<br>Number of BASAs in use<br>Number of air transport agreements with seat and/or frequency<br>limitation<br>Number of air transport agreements granting 5th freedom rights|
12

|**Sectors**|**Modes**|**Categories**|**Description of categories and measures**|**Measures per category**|
|---|---|---|---|---|
|**Transportation:**<br>**Maritime Shipping**<br>**International**|**Mode 1:**<br>**Cross**<br>**border**|**Conditions**<br>**under which**<br>**a service may**<br>**be provided**|These measures in maritime shipping target the<br>restrictions on different types of cargo: private<br>vs. public or government, bulk vs. liner. In<br>maritime shipping, shippers have been known<br>to form agreements to set prices, thus it is<br>important to consider whether these agreements<br>are exempt from a country's competition law.|Quota for private cargo: Liner<br>Quota for private cargo: Bulk<br>Quota for government cargo: Liner<br>Quota for government cargo: Bulk<br>Carrier agreements exempt from competition law|
|**Transportation:**<br>**Maritime Auxiliary**<br>**Services**|**Mode 3:**<br>**Commercial**<br>**presence**|**Operations**|There are 6 types of maritime auxiliary services<br>that matter after a ship of goods arrives at a<br>country‟s ports. The questionnaire asks whether<br>foreign shipping firms are permitted to establish<br>their own facilities in the port and supply these<br>services for their own ships and for ships other<br>than their own. Some countries have more than<br>one port, so these questions are targeted at the<br>main international port (in terms of traffic) of<br>the country.|Cargo-handling services to own ships allowed<br>Cargo-handling services to other ships allowed<br>Storage/warehousing services to own ships allowed<br>Storage/warehousing services to other ships allowed<br>Customs clearance services to own ships allowed<br>Customs clearance services to other ships allowed<br>Container-station/depot services to own ships allowed<br>Container-station/depot services to other ships allowed<br>Maritime agency services to own ships allowed<br>Maritime agency services to other ships allowed<br>Freight forwarding services to own ships allowed<br>Freight forwardingservices to other ships allowed|
||**Mode 1:**<br>**Cross**<br>**border**|**Restriction**<br>**on Service**<br>**Provider**|This measure focuses on the licensing<br>requirement of professionals providing services<br>on a cross-border basis. Licensing may not be a<br>barrier for the provision of international law<br>but, in other services, this may be an important<br>measure.|Staffed with professionals licensed to provide the service desired|
|**Professional services:**<br>**Accounting, auditing,**<br>**legal services**|**Mode 3:**<br>**Commercial**<br>**presence**|**Form of**<br>**Entry**|These measures essentially focus on whether<br>local licensing is required for and linked to the<br>ownership and establishment of professional<br>services firms in another country. The legal<br>form of law and accounting firms are different<br>from that of firms in other sectors, so this<br>category of measures is important in capturing<br>the sector-specific features of the service<br>providers.|Separate legal entity allowed<br>Limits on ownership or control by foreign nationals<br>Ownership or control by foreign nationals: Percentage allowed<br>Limits on ownership or control by non-locally-licensed<br>professionals<br>Ownership or control by non-locally-licensed professionals:<br>Percentage allowed<br>Membership in an international network or association by a local<br>firm allowed|
|||**Operations**|These measures affect the operations of law and<br>accounting firms.|Association with locally-licensed professionals as partners or<br>shareholders permitted<br>Hiring of locally-licensed professionals as employees permitted<br>Restrictions on name<br>Restrictions on clientele|
13

|**Sectors**|**Modes**|**Categories**|**Description of categories and measures**|**Measures per category**|
|---|---|---|---|---|
|||**Sector**<br>**Openness**|The entry questions in mode 4 focus on whether<br>local licensing is a requirement to provide the<br>services. If nationality is required to provide the<br>services or obtain a local license, the sector is<br>considered closed to foreign professionals. It is<br>possible for a country to allow professionals of<br>certain countries without restriction due to<br>regional trade agreements, while not allowing<br>people from other countries; in this case, the<br>comments provide details.|Nationality of host country required<br>Automatic recognition of foreign license<br>Foreign-licensed professionals eligible to practice subject to<br>conditions|
||**Mode 4:**<br>**Movement**<br>**of people**|**Licensing**|This category covers restrictions and<br>requirements for obtaining licenses to provide<br>the professional services. If a university degree<br>is required, we ask whether a foreign degree is<br>recognized; and if local university degree is<br>required, we ask whether it is a prohibitive<br>restriction. Similarly, we ask if previous work<br>experience is required and if that work<br>experience has to be locally obtained, which<br>could be a significant restriction.|Residency in the host country required<br>Education required<br>Education: Foreign degree recognized<br>Education: Type required<br>Education: Number of years required<br>Training or work experience required<br>Training or work experience: Foreign experience recognized<br>Training or work experience: Number of years required<br>Passing a professional exam in the host country required|
|||**Types of**<br>**entry**|These types of entry are found in GATS<br>schedules and regional trade agreements. The<br>definition of each type is found in Annex Table<br>2.|Types of entry available<br>Intra-corporate transferee (ICT) allowed<br>Service-supplying employee (SSE) of a firm based abroad allowed<br>Independent professional as employee of a local firm (IPE) allowed<br>Independent professional as contractual service provider (IPC)<br>allowed|
|||**Entry**<br>**conditions**|All measures covered under this category are<br>applicable to all types of entry: intra-corporate<br>transferees (ICT), service supplying employees<br>(SSE), or independent professionals (IPE and<br>IPC). These categories are commonly found in<br>GATS schedules and regional trade agreements.<br>The definitions of labor market and economic<br>needs test are provided in the Annex Table 2.|Quota for foreigners: ICT, SSE, IPE, IPC<br>Labor market test: ICT, SSE, IPE, IPC<br>Economic needs test required: ICT, SSE, IPE, IPC<br>Minimum wage or wage parity requirement: ICT, SSE, IPE, IPC<br>Limits on the length of stay initially allowed: ICT, SSE, IPE, IPC<br>Duration of stay initially allowed: ICT, SSE, IPE, IPC<br>Extension of stay permitted: ICT, SSE, IPE, IPC|
14

# _<u>Dealing with preferential policies</u>_

A major challenge faced during the data collection process consisted of some countries being part of regional or other preferential arrangements and, therefore, applying one set of policies for their preferred partners and another set for the rest of the world. For the most part, the database will describe a country‟s MFN policies, which in (paradoxical) trade parlance means its non-preferential policies. Consequently, any restrictiveness score will in general reflect the restrictiveness of a country‟s MFN policies.

However, in the case of some countries for which the preferential regime obviously dominates the trade relationships, such as the member countries of the European Union, the database does also include a description of preferential policies. Not only are the EU member countries highly open vis-à-vis each other, but they also trade significantly with each other. As a result, an artificial entity entitled „EU20‟ has been created to capture EU member countries‟ policies as applicable to non-EU providers. For individual EU countries, we constructed trade-weighted measures of openness. In future work, we hope to extend this approach to other regional groupings. With regard to Gulf Cooperation Council (GCC) member economies, for instance, a considerable amount of information about their preferential policies towards each other can be found in the annotations to specific measures in the database, even though the values of those measures reflect the individual country‟s MFN policies.
15

# **3. DATA COLLECTION PROCESS**

Policy information for non-OECD countries was collected through questionnaires over the period of 2008-2010 and comparable policy information for OECD countries was obtained from publicly available sources.<sup>5</sup> The questionnaires were developed drawing upon the existing literature on services trade, model questionnaires that had been used in the context of WTO services negotiations, and related work at other institutions such as the Australian Productivity Commission and the OECD. Most importantly, extensive consultations with the private sector representatives and government officials (especially trade negotiators and regulators) helped identify the key policy barriers for each sector.

The questionnaires were completed by local law firms that were familiar with the policy regime in the respective countries and sectors and had experience in working on similar projects. The complete list of law firms that contributed to the questionnaires is contained in Annex Table 6. One law firm was tasked with administering one questionnaire for each country. A series of pilot surveys were conducted in early 2007 for 8 countries for which more than one law firm was used in each country. The results of that pilot indicated that similar responses were provided by the different law firms, for the most part because they were asked to objectively evaluate policy and regulatory documents. Instances in which policies or their implementation was guided by noncodified practices are described in annotations pertaining to the database value fields. The process of data collection and data evaluation was iterative and interactive; once the law firms had completed the surveys, responses were checked for consistency both within and across questionnaires, and follow-up clarifications were sought if necessary.

## _<u>Data confirmation and processing</u>_

Upon receiving the surveys and after processing the information, a summary of applied policies per subsector and mode of supply was submitted to governments for feedback and review. The contact points for the government review were the permanent representatives of the countries to the WTO

> 5  These sources include WTO Trade Policy reviews, countries‟ most recent offers submitted in the WTO‟s Doha negotiations, the AXCO insurance database, OECD reports on “Exceptions to National Treatment for ForeignControlled Enterprises”, and the IMF‟s annual reports on exchange arrangements and exchange restrictions.
16 or delegates responsible for services trade at the WTO. These officials directly responded to us in some cases, and in other cases forwarded the information to officials in their respective capitals. Some of the governments provided comments that updated the information provided by the law firms, but most policy information was confirmed as correct. Annex Table 1 indicates which governments provided feedback on the policy information collected.

# _<u>Using and interpreting the data</u>_

The policy information collected has been processed and harmonized so as to ensure comparability of responses across both principal dimensions of the dataset, i.e. across countries and sectors. For instance, if a country requires a certain minimum percentage of domestic employees (nationals) in any sector by virtue of a „horizontal‟ legislative measure, then this information is replicated in identical terms in every subsector within this country. Likewise, whenever different idiosyncratic policy measures could give rise to the same effect, for instance provisions that limit the number of licenses in a quota-like manner, such instances have for each measure in question been coded in a harmonized way across countries.

While every effort has been made to ensure comparability, two caveats should be kept in mind when interpreting the data. First, in Section 2 we identified areas that are not included in the current version of the database, e.g. many aspects of non-discriminatory domestic regulation. Hence, any statement such as „open without restrictions,‟ as sometimes found in the “Key restrictions” tab of the database, is to be understood as conditional on the scope of questionnaire. Such statements should not be read to indicate that there are no regulatory requirements at all. Second, the restrictiveness scores presented in the STRI tab provide an approximate quantitative assessment of overall openness but users should be aware that no „confidence intervals‟ are attached to these numbers.<sup>6</sup> While we maintain that all STRI scores are comparable across countries and indeed should reflect a country‟s position _relative_ to other countries in terms of restrictiveness, comparisons of closely adjoining STRI figures should be treated cautiously. Indeed, the absence of confidence intervals in the STRI approach is one major motivation for pursuing alternative strategies of quantification (see Borchert, Gootiiz and Mattoo, 2012).

6 The STRI stands for the Services Trade Restrictions Index, which is discussed in more detail in Section 4.
17

# **4. QUANTIFICATION OF SERVICES POLICY INFORMATION**

It is notoriously difficult to measure policies affecting services trade because of their variety and complexity (see the overview by Deardorff and Stern, 2008). We consider alternative approaches (see Section 3 in Borchert, Gootiiz and Mattoo, 2012); the database presents one approach to quantification which we call the Services Trade Restrictions Index (STRI) because it is simple, transparent and fairly robust, and captures the essence of policy restrictiveness consistent with more sophisticated methods.

The STRI is a measure of the restrictiveness of a country‟s policy regime based on the policy information alone. This measure helps depict the overall patterns in policy across countries and sectors. It builds on a relatively long tradition of restrictiveness indices, ranging from simple counts of policy barriers (Hoekman, 1996) to more complex weighted averages, where weights reflect prior (usually subjective) assessments of the relative restrictiveness of specific policy barriers (OECD, 2009; 2011). Methods that assign fixed weights to all types of restrictions (entry, operational, regulatory) and that treat the restrictions as additive are flawed in certain respects. For instance, if foreign suppliers are not allowed to enter in the first place, then that restriction is binding and other restrictions on operations and regulatory environment simply do not matter. Similarly, a foreign equity limit of 49 percent already precludes foreign corporate control and so adding to it a further (frequently encountered) requirement that the majority of board of directors be nationals would amount to double counting.

We construct a single measure of overall openness for any subsector-mode combination, e.g. one for the cross-border supply of bank loans and another for accepting bank deposits by establishing commercial presence abroad. This measure of openness remains subjective but is relatively simple and transparent, and avoids the pitfalls of the approaches mentioned above. Essentially, we assess policy regimes for each subsector-mode combination in their entirety and assign them into five broad categories: completely open, i.e. no restrictions at all; completely closed, i.e. no entry allowed at all; virtually open but with minor restrictions; virtually closed but with very limited opportunities to enter and operate; and a final residual “middle” category of regimes which allows entry and operations but imposes restrictions that are neither trivial nor stringent. Table 4 presents
18 those five principal categories. In order to further illustrate what portfolio of policies might underpin those restrictiveness scores, we provide an example for each category taken from the „key restrictions‟ section of our database (all examples refer to one country, Brazil, only to provide a consistent illustration).

**Table 4: Key restrictions and STRI scores for Brazil**

|**Overall policy**<br>**description**|**Key restrictions**|**5-point**<br>**scale**|
|---|---|---|
|Open without<br>restrictions|“Entry is allowed through a subsidiary and/or branches. Authorization is<br>required.”<br>(_Automobile insurance – mode 3_)|0|
|Virtually open|“Cross-border deposit taking is allowed subject to approval and<br>registration.”<br>(_Bank deposit acceptance – mode 1_)|25|
|Existence of<br>major/non-trivial<br>restrictions|“Residency is required. There is an education requirement; foreign<br>degrees may be accepted. There is a quota for intra-corporate transferees<br>and independent professionals: at least two thirds of employees of a firm<br>must be Brazilians. The duration of stay initially allowed is 90 days to<br>two years, depending on visa type. Extensions are possible, depending<br>on the type of visa, but usually only once. Foreign-licensed professionals<br>are subject to labor market test and economic needs test. There is a<br>minimum wage/wage parity requirement.”<br>(_Auditing – mode 4_)|50|
|Virtually closed|“The limit on foreign ownership is 20 percent of voting capital, and there<br>is no limit on foreign ownership of non-voting capital. Firms with 3 or<br>more employees are required to employ Brazilian nationals to fill at least<br>two-thirds of their positions.”<br>(_International airpassenger transportation – mode 3_)|75|
|Completely<br>closed|“Cross-border provision of services not allowed. Must be established as<br>a local office and headquarter and must be properly registered with local<br>professional association.”<br>(_Accounting – mode 1_)|100|

Notes: As is apparent from the examples shown, most subsector-mode combinations are characterized by multiple provisions, in which case the regime assignment reflects the overall restrictiveness of all applicable measures.

It is convenient to assign a value to each of these five regimes on an openness scale from 0 to 100 with intervals of 25, which we call an STRI.<sup>7</sup> As the example in Table 4 shows, most policy regimes have more than one provision in place per subsector and mode of supply, in which case the

> 7 At this level, basic STRI scores are no more than „labels‟ attached to the five ordered categories of restrictiveness, but as soon as these scores are further processed, either by aggregation or by use in a quantitative model, the specific values assume a cardinal meaning that implies the five categories are „equidistant‟ in terms of restrictiveness.  The alternative approach of ranking policy bundles aims to avoid exactly this assumption.
19 assigned score (shown in the right-most column) reflects the overall restrictiveness of all measures evaluated simultaneously.<sup>8</sup> The STRI focuses on a narrow set of measures which discriminate against foreign services and providers.<sup>9</sup> In the absence of such discriminatory measures, the STRI takes the value of zero, which is associated with the greatest level of openness. However, since the STRI does not adequately cover other, potentially complementary areas of prudential and procompetitive regulation, and since it is likely that the results of liberalization depend on the state of complementary regulation, we cannot claim that a zero level of STRI is necessarily immediately desirable from a broader welfare or development perspective. While policy measures that underlie the STRIs are mainly limited to discriminatory measures, the database does also include several policy measures regarding a sector‟s overall regulatory environment, such as the presence of an independent regulator or the ability to appeal a regulator‟s decision.

# _<u>Process of arriving to an aggregate country STRI</u>_

The process of obtaining a country STRI score involves three steps. The **first step** is to select the policy measures that go into building the STRIs for each subsector-mode combination. For each subsector-mode, we focus on the measures that affect entry and operation of foreign entities most significantly. These key measures are a subset of all measures covered by the questionnaire (Annex Table 3).

**The second step** is to determine the level of restrictiveness imposed by a particular measure in place; that is, a decision whether e.g. a limit on number of licenses deserves a restrictiveness score of 25 or 50.  To determine the level of restrictiveness of certain measures, we consulted private sector representatives.  For example, we asked a global bank representative whether a restriction on entry through a branch is perceived as severe a restriction on entry as is a restriction on acquisition, and which restriction would have a larger impact on the entry decision.  To standardize the scoring process and to reduce subjectivity, a scoring rule sheet was set up in order to provide a guideline used to score restrictiveness of particular policy measures.  Annex Table 4 documents the entirety

> 8  Policy measures can in principle be divided into two tiers.  The first tier measures include those that affect market entry decisions most significantly, such as a limit on foreign ownership and the number of licenses. The second tier measures are those that affect operations of service providers, such as restrictions on the repatriation of earnings.  The second tier measures do not contribute to overall restrictiveness when first tier measures are prohibitive.  In contrast, if the first tier measures are not prohibitive then second tier measures are also considered in determining the overall restrictiveness score.
20 of scoring rules for all sectors. To illustrate how scores are assigned to individual policy measures, Table 5 depicts one particular example from the bank lending sector mode 3.

**Table 5: Scores for individual measures in mode 3 bank lending sector**

||**Scores**|**0**|**25**|**50**|**75**|**100**|
|---|---|---|---|---|---|---|
||**Foreign**<br>**ownership**|No<br>restrictions<br>(99% or<br>more<br>allowed)|Foreign<br>ownership equal<br>to or greater than<br>50% is allowed<br>but less than 99%|Foreign ownership of<br>less than 50% is<br>allowed|Foreign<br>ownership<br>less than or<br>equal to 25%<br>allowed|Foreign<br>ownership<br>not allowed|
|**Tier one:**<br>**Measures**<br>**affecting**<br>**entry**|**Legal form**<br>**of entry**|No<br>restrictions|Entry through a<br>branch not<br>allowed.|Not allowed to<br>establish a subsidiary<br>(Greenfield<br>investment not<br>allowed), but<br>acquiring local entity<br>is allowed.|Subsidiary<br>allowed only<br>for firms from<br>the regional<br>trade<br>agreement<br>member<br>countries.|Foreign<br>firms<br>cannot<br>acquire<br>local firms<br>and not<br>allowed to<br>set up<br>subsidiary|
||**Licensing**|No<br>restrictions|Discretionary<br>licensing, which<br>is not clearly<br>based on<br>prudential<br>grounds|Limit on the number<br>of licenses or<br>discretion which is<br>clearly restriction on<br>entry, such as<br>economic needs test<br>(discriminatory) or<br>limit on total value of<br>services or<br>transactions|Licenses are<br>not issued at<br>this time, but<br>exception can<br>be granted on<br>a case by case<br>basis|No license<br>issued at<br>all or<br>exclusive<br>monopoly|
|**Tier two:**<br>**Measures**<br>**affecting**|**Operations**|No<br>restrictions<br>|Restrictions on<br>branching and/or<br>ATMs<br>||||
|<br>**operations**|**Regulatory**<br>**environment**|There are few<br>constructingt|measures in regulato<br>he STRIs|ry environment, but thos|e are not consider|ed in|

For most subsector-mode combinations, there are several policy measures that are restrictive. It is important to emphasize that basic STRI scores reflect the overall policy regime per subsector-mode under consideration, rather than a weighted average of individual policy measures. Assigning a score to a bundle of measures helps us take into account the existence of binding restrictions which potentially render other measures redundant; thereby avoiding double-counting or adding individual measures with arbitrary and fixed weights. Tables 6 through 8 spell out three detailed examples, each from a different country, of how scores for a subsector-mode combination (mode 3 bank lending) are assigned when there are several restrictions in place.
21

**Table** **<u>6:  Burundi – mode 3 bank lending sector</u>**

<!-- Start of picture text --> Scores 0 25 50 75 100<br>Foreign The foreign<br>ownership ownership limit is<br>20%, although<br>greater ownership<br>may be allowed if<br>authorized by the<br>Central Bank.<br>Legal form of No<br>entry restrictions<br>Licensing Foreign banks must obtain<br>an authorization from the<br>Central Bank in order to<br>enter the Burundi market.<br>Operations No<br>restrictions<br><!-- End of picture text --> → the resulting score equals STRI = 75.

# **Table 7:  Thailand – mode** **<u>3 bank lending sector</u>**

|**Scores**|**0**|**25**|**50**|**75**|**100**|
|---|---|---|---|---|---|
|**Foreign**<br>**ownership**|||Foreign equity generally<br>limited to 25% of paid-up<br>registered capital. Equity<br>ownership through other<br>forms ispossible.|||
|**Legal form of**<br>**entry**||Entry as a branch<br>is not allowed.||||
|**Licensing**|No limit<br>on licenses|||||
|**Operations**||Foreign banks are<br>allowed to have 1<br>branch for each<br>bank. 75% of<br>BOD must be<br>Thai nationals.||||

→ the resulting score equals STRI = 50.
22

**Table** **<u>8:  India – mode 3 bank lending sector</u>**

|**Scores**|**0**|**25**|**50**|**75**|**100**|
|---|---|---|---|---|---|
|**Foreign**<br>**ownership**||The limit on<br>foreign ownership<br>is 74 percent if<br>through an<br>acquisition.||||
|**Legal form of**<br>**entry**||Only through one<br>form of legal<br>entryat a time||||
|**Licensing**|||There is a limit of 20<br>licenses for foreign bank<br>branches per year, which<br>applies regardless of<br>whether a foreign bank is<br>establishing a new branch<br>as its primary vehicle of<br>entry into India, or setting<br>up branches of a wholly-<br>owned subsidiary that is<br>alreadyoperatingin India.|||
|**Operations**||A minimum of 50<br>percent of the<br>Board of<br>Directors should<br>be Indian<br>nationals.||||

→ the resulting score equals STRI = 50.

The restrictiveness imposed by policy measures is subsector-specific, so measures selected to be included in the key restrictions have to be sector specific. As an example, a prohibition on acquiring state-owned entity is scored as 50 in the telecommunications and transportation sectors but is not scored in retail distribution. This is because state-owned entities continue to play a significant role in telecommunications and transportation sectors in many developing countries, yet a large presence of state-owned entities in retailing is not observed. Similarly, a restriction on the number of branches is an important barrier to consider in financial services but is less important in telecommunications and transportation, since in these sectors firms usually do not enter new markets through branches.

**The third step** is to aggregate subsector–mode scores to modal and sector scores using a set of weights.  For a detailed description of the weights used for all sectors and modes, please refer to Annex Table 5.  The scoring process can be summarized as follows:  Let _s jmc_ denote the basic scores on a 5-point scale per subsector and mode of supply.  In order to arrive at an aggregate STRI
23 of country _c_ , _STRI c_ , we begin by taking weighted averages across modes of supply _m_  _M_ , ( _j_ ) whereby the set of modal weights _wm_ is specific to sector _j_ . The sectors differ in the relative importance of alternative modes for delivering a specific service. For instance, in a „consumer service‟ such as life insurance, a higher modal weight is attached to commercial presence than in the reinsurance sector in which cross-border provision amongst firms is the dominant mode of supply. Formally, the sectoral scores are given by Sectoral scores are then aggregated across all sectors _j_  _J_ using weights _w j_ that reflect the relative importance of constituent services sectors in domestic value added. Sector weights _w j_ are based on services sectors‟ standardized share in total services output for an „average‟ industrialized country. Overall country-level scores are obtained as The complete weighting schemes used to aggregate modes, subsectors and sectors, respectively, can be found in Annex Table 5. All scores at any level of aggregation are available in the “STRI” tab of the database; in particular, the full set of baseline STRI values _s jmc_ is accessible so that users are free to devise alternative aggregation schemes if they so wish.

We recognize the subjectivity of this approach. Yet given data constraints and the wide range of sectors covered, there is no obviously superior method of comparable quantification. The subjectivity is somewhat mitigated by the extensive consultations we have conducted with the private sector representatives and regulators in making the assignments of weights to specific categories. We also checked the robustness of the assignments by moving border-line policy regimes across categories. We believe that the adopted approach is better equipped than any fixed algorithm to turn the rich and difficult-to-quantify aspects of policy information into broadly plausible if somewhat imprecise restrictiveness scores. In Paul Krugman‟s words, it has the virtue of being “roughly right rather than precisely wrong.”
24

# **5. DATA PRESENTATION ON THE WEBSITE**

While a summary measure of restrictiveness is convenient and indeed indispensable for quantitative analyses, we believe that the real strength of the database is the richly textured policy information that has been collected. A single number cannot do justice to this detailed policy information. In addition, different users are likely to have different needs as to the data content, level of detail, and type of presentation. For these reasons, the database has a pyramid-like structure and consists of four layers: The most detailed information is to be found within the “ _All policy measures_ ” tab which, as the name indicates, includes all measures covered by the questionnaire, plus associated comments, if any, for each country, subsector, mode of supply, and regulatory category. From this large set of information, which may be too detailed for certain purposes, the “ _Main policy measures_ ” tab gathers a predefined subset of „core‟ measures – that is, measures to be found in all sectors as opposed to sector-specific policies – which are chosen for their perceived significance on trade in services.

The “ _Key restrictions_ ” tab displays a summary of major applied policy barriers that directly contribute to determining the final STRI scores. The difference from the “ _Main policy measures_ ” tab is mainly expositional: whereas the latter is a fixed list of measures, the “ _Key restrictions_ ” tab shows a concise summary of only key restrictions per subsector and mode. In the “ _Key restrictions_ ” tab, therefore, users cannot select individual policy measures to be included, whereas in the two tabs “ _Main policy measures_ ” and “ _All policy measures_ ” users are able to select any individual policy measure(s) per subsector-mode they wish to view. Also, it is important to note that the key restrictions include policy measures that discriminate against foreign providers as well as some non-discriminatory measures which are deemed to significantly affect trade in services. Nonetheless, it is only the discriminatory restrictions that are considered in calculating the STRI scores. Annex Table 4 shows the scoring rules for key restrictions.

Finally, the “ _STRI_ ” tab provides the quantitative restrictiveness scores for each of the 103 countries. At the most disaggregated level, which corresponds to the “Key restrictions” tab, these indices are displayed by subsector and mode. In contrast to any other tab, indices are then aggregated across
25 modes of supply and across sectors, and can be viewed at any of the aforementioned levels. The most aggregated level consists of overall country scores.

By structuring information in these four ways, we hope to present the information embodied in the database in alternative ways that correspond to a wide range of interests and intended uses. For instance, researchers may want to use the STRI score in quantitative analyses, or the most disaggregated level of data to develop their own quantification. Policy-makers may want to see the aggregate policy regime presented in the “ _Key restrictions_ ” and compare the aggregate information across sectors, modes and countries quickly, or they may want to compare specific policy details using the “ _All policy measures_ ”.

The following sections will in turn discuss each tab in greater detail. It may be emphasized, though, that all tabs and the query/results view are fully interlinked. For instance, data can first be retrieved for any combination of countries, sectors and/or modes of supply, at the user‟s discretion. Second, in terms of navigation, users are able to constantly modify and re-define data queries in response to search results. For example, a user may define an initial query to encompass financial services in Argentina and view the corresponding STRI score results, then switch to inspect the policy summaries corresponding to this specification, then decide to add Brazil as well as telecommunications services, view the policy summaries, and finally switch back to the STRI tab and download indices corresponding to this amended query.

In using the database, it is necessary first to make selections based on the sectors, subsectors, modes, and countries for which information is sought. A selection can be made starting from any of the four tabs. Figure 1a depicts the choices that are available for all tabs in terms of sectors, modes, and countries. Moreover, Figure 1b shows that there is an additional selection box on individual policy measures available in the “ _All policy measures_ ” tab (see below). As with the other selection boxes, the one displaying individual policy measures is also “interlinked” with other boxes in that there are measures that are sector- or mode-specific. As a consequence, if the mode of supply is selected first, say cross-border, only measures applicable to mode 1 will be active in the policy measures box. The same logic applies to sectors, for not all policy measures can be mapped to all sectors.
<!-- Start of picture text --> Development Economics Research Group, the World Bank<br>Servicesi, Trade Restrictionsinti Database S Home<br>f Key restrictions Main policy measures All policy measures<br>ume services Trade Restrictions Index | Submit<br>Sectors Clear all Select all Please choose at least one sector, one mode or one country from the options available<br>Overall on the left. If you do not makea choice in the particular dimension, the result will include<br>Financial all options available.<br>Show = Banking<br>results (Lending by banks For detailed instructions on using this database. click here.<br>(Acceptance of deposits by banks<br>-Linsurance When a sector/subsector is selected, selection on its subsector will not be affected.<br>(Automobile Insurance<br>(Life Insurance<br>[1 Telecommunications Oo Reinsurance Your current selection:<br>ORetail(Transportation Gectors: d<br>(Professional Unrestricted<br>— Modes:Unrestricted<br>(overall sssenassssna5=555==55==5=5=55=======<br>(Mode 1 Countries:<br>(Mode 3 India<br>[Mode 4 Seesssscssssss=2222=22=22==2=2=====<br>Countries & Regions Clear all Select all<br>(East Asia and Pacific iS<br>(Europe and Central Asia<br>(Latin America and the Caribbean<br>(Middle East and North Africa<br>=f South Asia<br>(Bangladesh<br>India<br>(Nepal<br>(Pakistan<br>(Sri Lanka<br>(Sub-Saharan Africa<br>(High Income OECD<br>(CEv-20<br>(Gulf Cooperation Council hd<br>Development Economics Research Group, the World Bank<br>Servicesi Trade Restrictionsinti Database . Home<br>STRI Key restrictions Main policy measures [fj<br>7<a——,—— ‘ll policy measures Submit |<br>Sectors Clear all Select all Policy measures Clear all Select all<br>© Overall [= (Sector Openness<br>Financial (Form of Entry<br>Show (Telecommunications DLicensing<br>results Retail (Operations<br>=-[ Transportation (Regulatory Environment<br>D Air Passenger Domestic (Condition of Provision of Service<br>D Air Passenger International (Restriction on Service Provider<br>(Maritime Shipping International (Type of Entry<br>(Maritime Auxiliary Services LJ Entry Condition<br>(Road Freight Domestic<br>8 ORail Freight Domestic Please choose at least one sector, one mode or one country from the options available<br>LProfessional=-LJAccounting and Auditing onall theoptionsleft. available.Ifyou do not make a choice in the particular dimension, the result will include<br>(Accounting Aa<br>Modes For detailed instructions on using this database. click here.<br>- a Whena sector/subsector or policy measure is selected, all its child nodes will be<br>Cmode 3 selected.<br>[i Mode 4<br>Countries= & Regions- Clear all _ Select all Your current selection:<br>(East Asia and Pacific 5 Ss .<br>Latin(Europe America and Centraland the AsiaCaribbean Retaileee<br>[South(Middle AsiaEast and North Africa Modes:. ed<br>[Bangladesh sasseseessesesessesessssssssses25<br>ane Main policy measures:<br>Elpakistan Unrestricted<br>(sub-Saharan(Sri Lanka Africa Fountries:Coping<br>tiigh income OECD eeeseeeeseesesseesssessssesssse===<br>(CEv-20<br>(Gulf Cooperation Council x<br><!-- End of picture text -->
|Development Economics Research Group, the World Ba<br>Services Trade Restrictions Data<br>|nk<br>base||||f Home|
|---|---|---|---|---|---|
|—e<br><br>||||||
|ServicesTradeRestrictionsI<br>ake|dex||||County:11010of104<br>|PTEY|
|von<br><br>||||||
|<br><br>selection|||||<br>|
|Albania<br>O<br>||verallMo|de1M|ode3Mo|de4||
|Overall<br>|19.4<br>7<br><br>|4.76<br>|11.19<br>|50||
|Financial<br>|175<br>6<br>|9.39<br>|0<br>|||
|Banking|75|50|0|||
|Lending by banks|0|0|0|||
|Acceptance ofdeposits by banks|15|100|0|||
|Insurance|33.3|100|0|||
|Automobile Insurance|10|100|0|||
|Life Insurance|10|100|0|||
|Reinsurance|80|100|0|||
|Telecommunications|0||0|||
|Fixed-line telecommunications|0||0|||
|Mobile telecommunications|0||0|||
|Retail<br>|0<br>||0<br>|||
|Transportation|27.8|25|27.78|||
|AirPassengerDomestic|||50|||
|AirPassengerIntemational|50|50|50|||
|Maritime Shipping Intemational|0|0|0|||
|MaritimeAuxiliary Services|0||0|||
|RoadFreightDomestic|25||25|||
|Rail FreightDomestic|75||75|||
|Professional|45|100|25|50||
|AccountingandAuditing|50|100|25|50||
|Accounting|50|100|25|50||
|Auditing|50|100|25|50||
|Legal|41.7|100|25|50||
|Legal Advice Foreign Law|50|100|25|50||
|Legal Advice Domestic Law|37.5||25|50||
|LegalRepresentationinCourt|37.5||25|50||
28

# _<u>Key restrictions</u>_

As mentioned earlier, the “ _Key restrictions_ ” tab contains a narrative summary of key restrictions. The choice for particular measures to be included in the key restrictions was guided by discussions with sector experts and private sector representatives, from which those policy measures emerged as having a significant effect on services trade in a particular subsector-mode.

The key restrictions are summarized for each subsector-mode, per country; there are a total of 34 subsector-modes. For each subsector-mode, the “ _Key restrictions_ ” summary was prepared using a negative list approach as far as possible. A negative list approach means that measures are explicitly mentioned only if they are in fact applied. For example, if there are no restrictions on foreign ownership, no measure is mentioned. However, if foreign ownership is limited to 49% this restriction is reported. The summary of key restrictions is not an exhaustive list of all measures covered by the survey but rather is a subset of standardized and sector specific measures as listed in Annex Table 3.

In addition, whenever the questionnaire responses mention idiosyncratic measures that we believe affect entry and operation of foreign service suppliers, those measures are incorporated and scored accordingly. For example, if the approval of the President is required for investment to take place, then this requirement is mentioned in the summary although this measure was not covered in the questionnaire.

Under the “ _Key restrictions_ ” tab, selection can be made for each sector, sub-sector, mode and country. An example for the financial sector of Albania is shown in the diagram below. It should be noted that the summaries include both the most important standardized measures as well as the most important sector-specific measures. The key restriction summaries include both the main discriminatory measures and some important non-discriminatory measures that potentially have a significant effect on trade.
<!-- Start of picture text --> Development Economics Research Group, the World Bank<br>Services7 Trade RestrictionsAti Database A Home<br>pF osm! Main policy measures All policy measures<br>Make Summary of key restrictons County: 11010 of 104 |PIEY<br>selection<br>Lending by banks Allowed. There are no restrictions,<br>except that 33 percent of the<br>employees be nationals.<br>Acceptance of deposits by banks | Not allowed. There are no restrictions,<br>except that 33 percent of the<br>employees be nationals.<br>Automobile Insurance Not allowed. There are no restrictions,<br>except that 33 percent of the<br>employees be nationals.<br>Life Insurance Not allowed. There are no restrictions,<br>except that 33 percent of the<br>employees be nationals.<br>Reinsurance Not allowed. There are no restrictions,<br>except that 33 percent of the<br>employees be nationals.<br><!-- End of picture text -->
30 In addition, in the “ _Main policy measures_ ” tab the following special values appear in the database (the same also applies to the “ _All policy measures_ ” tab):

- i. A value field will be missing if it was returned blank in the questionnaire and a value could not be imputed, i.e. a missing value signifies missing information.

- ii. A value field will be “n/a” or “not applicable” if the presence of the relevant restriction is logically impossible in the particular context; this is a consequence of some measures being linked in a hierarchical manner.  For instance, in the case of Albania, the cross-border acceptance of deposits (market entry mode 1 – the top-level measure) is not permitted; thus the question “Demonstration of domestic unavailability of service required” has no bearing and, hence, it is “not applicable”.  Likewise, if in a given sector, a country does not require a license, then subsequent questions about license conditions or license duration are not applicable, in which case, the user will see “n/a”.

- iii. Market entry questions are the root for all remaining measures within a given sector.  If a sector is closed to foreign suppliers, equity restrictions will be set to zero values and all remaining questions will be coded “n/a”, following the logic set out in (ii) above, because the presence of any further restriction is predicated on the sector being open to foreign entry.  Market entry measures will never be missing but there are few instances in which neither „open‟ nor „closed‟ would be appropriate.  These cases are coded as “partially open”, and explanations are offered in the corresponding comment field.
<!-- Start of picture text --> Services1 Trade Restrictions* Database A Home<br>STRI Key restrictions f All policy measures<br>Make Main policy measures Commtt ott<br>selection<br>Sector Subsector Mode Variable Response Comment<br>Banking banksLendingby 3 Market entry allowed bank,In casesthe whereforeigna bankforeignmustbankbe proposesauthorizedtobyownthe qualifyingrelevant authorities holdingin in a localits.<br>home country to carry out acceptance and collection of depositsin moneyor<br>other repayable funds. The foreign authorities in charge of the supervision of<br>the foreign bank should give their consent to such ownership in writing.<br>Greenfield subsidiary - 100<br>max. ownership allowed<br>Acquisition domestic 100<br>private entity -max.<br>ownership allowed by a<br>group of entities<br>Difference in licensing<br>criteria for foreign and<br>domestic applicants<br>Limit‘on number of<br>licenses available<br>Nationality requirement<br>for board of directors<br><!-- End of picture text -->
<!-- Start of picture text --> Services2 Trade Restrictionsa Database Mm Home<br>STRI Key restrictions Main policy measures if<br>All policy measures comp tered Prey) Newt<br>Make<br>selection<br>Albania | Banking | Lending by Market entry allowed yes In cases. wherea foreign bank proposes to own qualifying<br>E banks. holding in a local bank, the foreign bank must be authorized by<br>the relevant authorities in its home country to carry out<br>acceptance and collection of deposits in money or other<br>repayable funds. The foreign authorities in charge of the<br>supervision of the foreign bank should give their consent to<br>such ownership in writing.<br>Albania | Banking | Lending by 3 ‘Greenfield branch-<br>banks allowed<br>Albania | Banking | Lending by ‘Greenfield subsidiary -<br>banks allowed<br>Albania | Banking | Lending by 3 ‘Greenfield subsidiary - 100<br>banks. max. ownership<br>allowed<br>Albania | Banking | Lending by 3 Acquisition domestic<br>banks. private entity - allowed<br>Albania | Banking | Lending by Acquisition domestic 100<br>banks. private entity -max.<br>‘ownership allowed by<br>a single entity<br>Albania | Banking | Lending by 3 2008 | Acquisition domestic 100<br>banks. private entity -max.<br><!-- End of picture text -->
33

# **6. CONCLUSION**

The importance of better access to policy information on global services trade was the impetus for our attempt to put together this database on services trade restrictiveness. We hope that the information available through the database can be of use to researchers, policymakers and business. Similarly, we hope that this product could act as a medium for further discussions on the topic of services trade, and that such discussions and feedback would assist in continually improving the database in the future.

# **REFERENCES:**

- Borchert, Ingo, Batshur Gootiiz and Aaditya Mattoo (2012), “ _Policy Barriers to International Trade in Services: Evidence from a New Database_ ”, World Bank Policy Research Working Paper, forthcoming.

- Deardorff, Alan V. and Robert M. Stern (2008), “ _Empirical Analysis of Barriers to International Services Transactions and the Consequences of Liberalization_ ”, Chapter 5 in: Aaditya Mattoo, Robert M. Stern and Gianni Zanini (eds.), _A Handbook of International Trade in Services_ , Oxford University Press, pp. 169-220.

- Hoekman, Bernard (1996), “ _Assessing the General Agreement on Trade in Services”_ , in: Will Martin and L. Alan Winters (eds.), _The Uruguay Round and the developing countries_ , Cambridge: Cambridge University Press, pp. 88-124.

- OECD (2011), “ _Services Trade Restrictiveness Index: Opening the Way for Services Trade Liberalization”_ , downloadable at http://www.oecd.org/trade/stri.

- OECD (2009), “ _Methodology for Deriving the STRI_ ”, paper presented at the OECD Experts Meeting on the Services Trade Restrictiveness Index (STRI), 2-3 July 2009, Paris.
34

# **ANNEXES**

## **Annex Table 1: List of countries covered and status of government confirmation**

|**Region**|**Countries**|**Year policy**<br>**information**<br>**collected**|**Source of**<br>**information**|**Government**<br>**confirmation**<br>**received**<sup>**10**</sup>|
|---|---|---|---|---|
|AFRICA (AFR)|Botswana|2009|WB survey||
|AFRICA (AFR)|Cameroon|2008|WB survey||
|AFRICA (AFR)|Burundi|2010|WB Survey|Yes|
|AFRICA (AFR)|Congo, Dem. Rep.|2008|WB survey||
|AFRICA (AFR)|Cote d'Ivoire|2008|WB survey||
|AFRICA (AFR)|Ethiopia|2008|WB survey||
|AFRICA (AFR)|Ghana|2008|WB survey||
|AFRICA (AFR)|Kenya|2008|WB survey||
|AFRICA (AFR)|Lesotho|2008|WB survey||
|AFRICA (AFR)|Madagascar|2008|WB survey||
|AFRICA (AFR)|Malawi|2008|WB survey||
|AFRICA (AFR)|Mali|2008|WB survey||
|AFRICA (AFR)|Mauritius|2008|WB survey||
|AFRICA (AFR)|Mozambique|2008|WB survey||
|AFRICA (AFR)|Namibia|2008|WB survey||
|AFRICA (AFR)|Nigeria|2008|WB survey||
|AFRICA (AFR)|Rwanda|2009|WB survey||
|AFRICA (AFR)|Senegal|2008|WB survey||
|AFRICA (AFR)|South Africa|2008|WB survey||
|AFRICA (AFR)|Tanzania|2008|WB survey||
|AFRICA (AFR)|Uganda|2008|WB survey||
|AFRICA (AFR)|Zambia|2008|WB survey||
|AFRICA (AFR)|Zimbabwe|2008|WB survey||
|East Asia and Pacific (EAP)|Cambodia|2008|WB survey||
|East Asia and Pacific (EAP)|China|2011|WB survey|Yes|
|East Asia and Pacific (EAP)|Indonesia|2008|WB survey||
|East Asia and Pacific (EAP)|Malaysia|2008|WB survey|Yes|
|East Asia and Pacific (EAP)|Mongolia|2008|WB survey|Yes|
|East Asia and Pacific (EAP)|Philippines|2008|WB survey||
|East Asia and Pacific (EAP)|Thailand|2008|WB survey|Yes|
|East Asia and Pacific (EAP)|Vietnam|2008|WB survey||
|South Asia (SAR)|Bangladesh|2008|WB survey||
|South Asia (SAR)|India|2008|WB survey||
|South Asia (SAR)|Nepal|2008|WB survey||
|South Asia (SAR)|Pakistan|2008|WB survey|Yes|
|South Asia (SAR)|Sri Lanka|2008|WB survey||

10 No entry means government feedback has not been received.
35

|**Region**|**Countries**|**Year policy**<br>**information**<br>**collected**|**Source of**<br>**information**|**Government**<br>**confirmation**<br>**received**<sup>**10**</sup>|
|---|---|---|---|---|
|Middle East and North Africa (MENA)|Algeria|2008|WB survey||
|Middle East and North Africa (MENA)|Egypt|2008|WB survey|Yes|
|Middle East and North Africa (MENA)|Iran, Islamic Rep.|2008|WB survey||
|Middle East and North Africa (MENA)|Jordan|2008|WB survey||
|Middle East and North Africa (MENA)|Lebanon|2008|WB survey||
|Middle East and North Africa (MENA)|Morocco|2008|WB survey||
|Middle East and North Africa (MENA)|Tunisia|2008|WB survey|Yes|
|Middle East and North Africa (MENA)|Yemen|2008|WB survey||
|Gulf cooperation council (GCC)|Bahrain|2008|WB survey||
|Gulf cooperation council (GCC)|Kuwait|2008|WB survey||
|Gulf cooperation council (GCC)|Oman|2008|WB survey||
|Gulf cooperation council (GCC)|Qatar|2008|WB survey||
|Gulf cooperation council (GCC)|Saudi Arabia|2008|WB survey||
|Latin America and Caribbean (LAC)|Argentina|2008|WB survey||
|Latin America and Caribbean (LAC)|Bolivia|2008|WB survey||
|Latin America and Caribbean (LAC)|Brazil|2011|WB survey|Yes|
|Latin America and Caribbean (LAC)|Chile|2008|WB survey|Yes|
|Latin America and Caribbean (LAC)|Colombia|2008|WB survey||
|Latin America and Caribbean (LAC)|Costa Rica|2008|WB survey|Yes|
|Latin America and Caribbean (LAC)|Dominican Republic|2008|WB survey||
|Latin America and Caribbean (LAC)|Ecuador|2008|WB survey||
|Latin America and Caribbean (LAC)|Guatemala|2008|WB survey|Yes|
|Latin America and Caribbean (LAC)|Honduras|2008|WB survey||
|Latin America and Caribbean (LAC)|Mexico|2011|WB survey|Yes|
|Latin America and Caribbean (LAC)|Nicaragua|2008|WB survey||
|Latin America and Caribbean (LAC)|Panama|2008|WB survey||
|Latin America and Caribbean (LAC)|Paraguay|2008|WB survey|Yes|
|Latin America and Caribbean (LAC)|Peru|2008|WB survey|Yes|
|Latin America and Caribbean (LAC)|Trinidad and Tobago|2008|WB survey|Yes|
|Latin America and Caribbean (LAC)|Uruguay|2008|WB survey||
|Latin America and Caribbean (LAC)|Venezuela|2008|WB survey||
|Eastern Europe and Central Asia (ECA)|Albania|2008|WB survey||
|Eastern Europe and Central Asia (ECA)|Armenia|2008|WB survey|Yes|
|Eastern Europe and Central Asia (ECA)|Belarus|2008|WB survey|Yes|
|Eastern Europe and Central Asia (ECA)|Bulgaria|2008|WB survey||
|Eastern Europe and Central Asia (ECA)|Georgia|2008|WB survey||
|Eastern Europe and Central Asia (ECA)|Kazakhstan|2008|WB survey|Yes|
|Eastern Europe and Central Asia (ECA)|Kyrgyz Republic|2008|WB survey||
|Eastern Europe and Central Asia (ECA)|Lithuania|2008|Publicly available<br>sources|Yes|
|Eastern Europe and Central Asia (ECA)|Poland|2008|Publicly available<br>sources|Yes|
|Eastern Europe and Central Asia (ECA)|Hungary|2008|Publicly available<br>sources||
36

|**Region**|**Countries**|**Year policy**<br>**information**<br>**collected**|**Source of**<br>**information**|**Government**<br>**confirmation**<br>**received**<sup>**10**</sup>|
|---|---|---|---|---|
|Eastern Europe and Central Asia (ECA)|Czech Republic|2008|Publicly available<br>sources|Yes|
|Eastern Europe and Central Asia (ECA)|Romania|2008|WB survey|Yes|
|Eastern Europe and Central Asia (ECA)|Russia|2008|WB survey|Yes|
|Eastern Europe and Central Asia (ECA)|Turkey|2008|WB survey|Yes|
|Eastern Europe and Central Asia (ECA)|Ukraine|2008|WB survey||
|Eastern Europe and Central Asia (ECA)|Uzbekistan|2008|WB survey||
|High income OECD|Australia|2008|Publicly available<br>sources|Yes|
|High income OECD|Austria|2008|Publicly available<br>sources|Yes|
|High income OECD|Belgium|2008|Publicly available<br>sources|Yes|
|High income OECD|Canada|2008|Publicly available<br>sources||
|High income OECD|Denmark|2008|Publicly available<br>sources|Yes|
|High income OECD|Finland|2008|Publicly available<br>sources|Yes|
|High income OECD|France|2008|Publicly available<br>sources|Yes|
|High income OECD|Germany|2008|Publicly available<br>sources|Yes|
|High income OECD|Greece|2008|Publicly available<br>sources|Yes|
|High income OECD|Ireland|2008|Publicly available<br>sources|Yes|
|High income OECD|Italy|2008|Publicly available<br>sources||
|High income OECD|Japan|2008|Publicly available<br>sources|Yes|
|High income OECD|Korea, Republic|2008|Publicly available<br>sources|Yes|
|High income OECD|Netherlands|2008|Publicly available<br>sources|Yes|
|High income OECD|New Zealand|2008|Publicly available<br>sources|Yes|
|High income OECD|Portugal|2008|Publicly available<br>sources|Yes|
|High income OECD|Spain|2008|Publicly available<br>sources|Yes|
|High income OECD|Sweden|2008|Publicly available<br>sources|Yes|
|High income OECD|United Kingdom|2008|Publicly available<br>sources|Yes|
|High income OECD|United States|2008|Publicly available<br>sources|Yes|
37

# **Annex Table 2: Definitions of key terms in the questionnaire**

**_Branch:_** A branch office is part of the foreign legal entity under which it operates, although it has its own organization and administration. Branch offices are not locally incorporated. **_Subsidiary:_** A separate legal entity from the parent company.  It is locally incorporated. **_Joint Venture:_** A collaborative arrangement between a foreign firm and a domestic firm which could involve joint ownership.

**_Ownership_ :** for the purpose of this survey we define ownership as direct (legal) ownership of capital. It does not necessarily concern voting rights.

**_<mark>Controlling stake</mark>_** **<mark>:</mark>** <mark>this gives the party effective direction over the firm. It may involve (but is not limited to)</mark> majority voting rights or control of the board, for example.

## **Sector specific definitions**

**_Retail Bank:_** A bank which provides checking and saving deposits, home loans, credit cards, and other similar services to domestic consumers.

**_Asset Management_** _:_ the management of assets on behalf of individuals, firms, institutions or other entities, including choosing and monitoring appropriate investments and allocating funds accordingly.

**_Central Bank's discount window_ :** the practice whereby the central bank extends short-term loans secured by government bonds to financial institutions.  When a bank is in need of money, it can turn to the Central Bank for a loan, the interest that the Central Bank charges the bank is called the discount rate.

**_Main payments system_** refers to the main system used for moving funds, payments, and money between financial institutions.

**_Financial accounting:_** The collection, recording and extraction of financial information, and the summary of it in the form of a periodic profit and loss account, a balance sheet and a cash flow statement in accordance with legal, professional, and capital market requirements. **_Financial auditing:_** The examination and assessment of the activities, controls, records and systems that underpin accounting information and reports. Financial audits are typically performed by firms of _practicing accountants_ due to the specialist financial reporting knowledge they require.

**_Court appearances/oral arguments_ :** Legal representation of one party‟s interest against another party, before the courts or other domestic judicial or quasi-judicial bodies. **_Legal advice/counseling:_** General counseling, advice and drafting of documents and other related legal services concerning domestic, foreign or international law.

**_Intra-corporate transferees_ :** an employee of multinational firm transferred from an office in one country to an office in another country.  Example: A multinational accounting firm transfers an accountant in its New York office to its Paris office for two years.

**_Service supplying employees_ :** employees of a foreign services supplier located abroad that enter the country to supply services in the country to fulfill a contract in that country. Example: An accounting firm in the US sends its accountants to China to do an audit for a client of the firm in China.
38

**_Independent professionals_ :** individuals that enter the country to sell services directly to firms, people, or government agencies, including to fulfill contracts, and to be employed by service providers within the country. The professional would already have a contract or offer from the employer in the host country when entering the country. **_Economic Needs Tests (ENTs)_ :** A set of criteria the government applies to foreign worker applicants to assess their economic contribution to the sector of employment and the country as a whole. These criteria may include but are not limited to:  the belief that the foreign worker will directly create domestic income or jobs for citizens, the assurance that the worker will transfer technology or knowledge to citizens, and other measures of the worker‟s economic impact.

**_Labor Market Tests (LMTs):_** Labor market tests are a sub-field of the ENTs specified in many countries. They attempt to gauge whether the labor market requires the particular skills of the foreign worker. The criteria may include but are not limited to: evidence that the employer made an attempt to recruit citizens before offering the <u>job to the foreign worker and the existence of a worker shortage in the area of the job offer.</u>
39

# **<mark>Annex Table</mark>** **<u><mark>3: Coverage of measures for “Key restrictions”</mark></u>**

|**Annex Table 3: Coverag**<br>**Sectors**<br>**Modes**|**e of measures for “**<br>**Categories**|**Key restrictions” **<br>**Measures**|**Key restrictions**|
|---|---|---|---|
|||**Standardized measures**|YES (onl in|
||Form of Entry|Greenfield branch- allowed|y<br>banking)|
||Form of Entry|Greenfield subsidiary – allowed|YES|
||Form of Entry|Greenfield subsidiary - max. ownership allowed|YES|
||Form of Entry|Acquisition domestic private entity – allowed|YES|
||Form of Entry|Acquisition domestic private entity -max. ownership allowed by a single entity|YES|
||Form of Entry|Acquisition domestic private entity -max. ownership allowed by a group of entities|YES|
||Form of Entry|Acquisition domestic private entity - controlling stake allowed|YES (only in<br>telecom and<br>transport)|
|**ALL SECTORS,**|Form of Entry|Acquisition domestic state-owned entity –allowed|YES|
|**EXCEPT FOR**<br>**PROFESSIONAL**<br>**SERVICES**<br>**MODE 3**|Form of Entry|Acquisition domestic state-owned entity -max. ownership allowed by a single entity|YES (only in<br>telecom and<br>transport)|
||Form of Entry|Acquisition domestic state-owned entity -max. ownership allowed by a group of<br>entities|YES|
||Form of Entry|Acquisition domestic public entity -controlling stake allowed|YES (only in<br>telecom and<br>transport)|
||Form of Entry|Joint Venture –allowed|Not covered|
||Form of Entry|Joint Venture -max. ownership allowed by a single entity|Not covered|
||Form of Entry|Joint venture -max. ownership allowed by a group of entities|Not covered|
||Form of Entry|Joint Venture -controlling stake allowed|Not covered|
40

|**Sectors**<br>**Modes**|**Categories**|**Measures**|**Key restrictions**|
|---|---|---|---|
||Licensing|License required|Not covered|
||Licensing|License criteria publicly available|Not covered|
||Licensing|License automatic if publicly available criteria fulfilled|Not covered|
||Licensing|Difference in licensing criteria for foreign and domestic applicants|YES|
||Licensing|Limit on number of licenses available|YES|
||Licensing|License allocation-first come first served, through competitive tender, at discretion of<br>regulatorybody,and other|Not covered|
||Licensing|Length of license|Not covered|
||Licensing|License renewal required|Not covered|
||Licensing|If renewal required it is automatic|Not covered|
|**ALL SECTORS,**<br>**EXCEPT FOR**<br>**PROFESSIONAL**<br>**MODE 3**|Licensing|Requirement to provide a licensing decision within a timeframe|Not covered|
|<br>**SERVICES AND**<br>**TRANSPORT**<br>|Licensing|Maximum number of days permitted before providing a licensing decision|Not covered|
||Licensing|Obligation to inform applicants of reasons for license rejection|Not covered|
||Operations|Nationality requirement for employees (minimum %)|YES|
||Operations|Nationality (or domestic residency) requirement for board of directors (minimum %)|YES|
||Operations|Restrictions on repatriation of earnings|YES|
||Operations|Other forms of discrimination|YES|
||Regulatory Environment|Existence of regulatory authority for the sector|Not covered|
||Regulatory Environment|Regulatory authority independent from sector ministry|Not covered|
||Regulatory Environment|Right to appeal regulatory decisions|Not covered|
||Regulatory Environment|Prior notice of regulatory changes|Not covered|
41

|**Sectors**|**Modes**|**Categories**|**Measures**|**K ii**|
|---|---|---|---|---|
||||**Sector specific measures**<br>|**ey restrctons**<br>|
|||Condition on consumer|Demonstration of domestic unavailability of service desired|YES|
|||Condition on services|Sector of the firm using the service|YES|
|||Condition on services|Size of the deposit (loan)|YES|
|||Condition on services|Interest rate (deposit or loan accounts)|YES|
|||Condition on services|Currency deposited|YES|
|||Condition on services|Period or maturity (loan)|YES|
||**MODE 1**|Condition on services|Term of the insurance policy (insurance)|YES|
|||Condition on services|Value of the insurance policy (insurance)|YES|
|**FINANCIAL**||Condition on services|Obliged to cede to a domestic re-insurer|YES|
|**SERVICES**<br>**RETAIL**||Condition on services|Percentage that must be ceded|YES|
|**(**<br>**BANKING,**||Condition on consumer|Approval required|YES|
|**AUTOMOBILE,**<br>**LIFE AND**||Condition on consumer|Registration required|Not covered|
|<br>**REINSURANCE**||Condition on services|Other forms of restrictions|YES|
|**SERVICES)**||Form of Entry|Greenfield branch allowed|YES|
|||Operations|Restrictions on the number of branches|YES|
|||Operations|Restrictions on the number of ATM|YES|
|||Operations|Restrictions on transactions in local currencies|Not covered|
||**MODE 3**|Operations|Restrictions on raising capital domestically|Not covered|
|||Operations|Access to central Bank discount window|Not covered|
|||Operations|Access to main payment system|Not covered|
|||Operations|Access to deposit insurance schemes|Not covered|
|||Operations (reinsurance)|Obliged to cede to a domestic re-insurer|Not covered|
42

|**Sectors**|**Modes**|**Categories**|**Measures**|**Key restrictions**|
|---|---|---|---|---|
|||Licensing|License technology neutral|YES|
|||Operations|Operators permitted to own and operate international gateway|YES|
|||Operations|Gateway license fee (USD)|YES|
|**TELECOMMUN**<br>**ICATIONS**||Operations|VoIP operation allowed|YES|
|<br>**(FIXED LOCAL,**|**MODE 3**|Regulatory Environment|Existence of regulatory authority for the sector|YES|
|**FIXED LONG**<br>**DISTANCE AND**||Regulatory Environment|Regulatory authority independent from sector ministry|YES|
|<br>**MOBILE)**||Regulatory Environment|Regulatory authority independent from fixed line incumbent|YES|
|||Regulatory Environment|Interconnection agreements/prices publicly available|Not covered|
|||Regulatory Environment|Operators required to publish Reference Interconnection Offer|Not covered|
|||Regulatory Environment|Spectrum use publicly available|Not covered|
|||Operations|Limits on opening multiple brand stores|YES|
|||Operations|Limit on opening multiple brand differ for foreign and domestic retailers|YES|
|||Operations|Retailers restricted from selling any products|YES|
|||Operations|Restrictions on products differ for foreign and domestic retailers|YES|
|**RETAILING**|**MODE 3**|Operations|Zoning laws apply to retailers|YES|
|||Operations|Zoning laws applied differently to foreign and domestic retailers|YES|
|||Operations|Restrictions apply to the number of outlets that can be established|YES|
|||Operations|Restrictions apply to the number of outlets differ for foreign and domestic retailers|YES|
43

|**Sectors**|**Modes**|**Categories**|**Measures**|**Key restrictions**|
|---|---|---|---|---|
|||Air passenger international|BASA publicly available||
|||Air passenger international|Total number of BASA-s in use|Information not<br>available from the|
|||Air passenger international|Air transport agreements with seat and/or frequency limitation|survey. Policy<br>|
|||Air passenger international|Air transport agreements granting 5th freedom rights|information and<br>restrictiveness index|
|||Air cargo international|Open regime|came from the<br>|
|**TRANSPORTAT**|**MODE 1**|Air cargo international|Regulated through BASAs|WTO's QUASAR<br>database.|
|**ION (AIR**||Air cargo international|Other conditions||
|**PASSENGER,**<br>**CARGO**||Maritime shipping international|Quotas for private cargo: liner|YES|
|<br>**DOMESTIC**||Maritime shipping international|Quotas for private cargo: bulk|YES|
|**AND**<br>**INTERNATION**||Maritime shipping international|Quotas for government cargo: liner|YES|
|**AL, MARITIME**||Maritime shipping international|Quotas for government cargo: bulk|YES|
|**SHIPPING, AND**<br>||Maritime shipping international|Exemption of carrier agreements from competition law|YES|
|**MARITIME**<br>**AUXILIARY**<br>**SERVICES)**||Maritime auxiliary services|Are foreign shipping firms permitted to establish their own facilities in the main<br>port and supplythe followingservices for their own ships?|Not covered|
|||Maritime auxiliary services|Cargo handling|YES|
|||Maritime auxiliary services|Storage and warehousing|YES|
||**MODE 3**|Maritime auxiliary services|Container station|YES|
|||Maritime auxiliary services|Maritime agency|YES|
|||Maritime auxiliary services|Customs clearance|YES|
|||Maritime auxiliary services|Freight forwarding|YES|
44

|**Sectors**<br>**Modes**|**Categories**|**Measures**|**Key restrictions**|
|---|---|---|---|
||Cross-border trade allowed|Cross border trade allowed|YES|
|**MODE 1**|Restriction on serviceprovider|Staffed withprofessionals licensed toprovide the service desired|YES|
||Condition of provision of<br>service|Demonstration of domestic unavailability of service desired|YES|
||Market entry|Establishingcommercialpresence-allowed|YES|
||Form of Entry|Greenfield branch- allowed|YES|
||Form of Entry|Separate legal entityallowed|YES|
||Form of Entry|Limits on ownership by foreign nationals|YES|
||Form of Entry|Percentage of ownershipallowed to foreign nationals|YES|
||Form of Entry|Limits on ownership by non-locally-licensed professionals|YES|
||Form of Entry|Percentage of ownershipallowed to non-locally-licensedprofessionals|YES|
|**ACCOUNTANCY**<br>|Form of Entry|Local membership of an international network or association allowed|YES|
|**AND LEGAL**|Licensing|License required|Not covered|
|**MODE 3**|Licensing|License criteria publicly available|Not covered|
||Licensing|License automatic ifpubliclyavailable criteria fulfilled|Not covered|
||Licensing|Difference in licensing criteria for foreign and domestic applicants|YES|
||Licensing|Limit on number of licenses available|YES|
||Licensing|Obligation to inform applicants of reasons for license rejection|YES|
||Operations|Association with locally-licensedprofessionals aspartnerspermitted|YES|
||Operations|Association with locally-licensed professionals as shareholders permitted|YES|
||Operations|Hiringof locally-licensedprofessionals as employeespermitted|YES|
||Operations|Restrictions on name|YES|
||Operations|Restrictions on clientele|YES|
45

|**Sectors**<br>**Modes**|**Categories**|**Measures**|**Key restrictions**|
|---|---|---|---|
||Market Entry|Market closed - Nationality of host country required|YES|
||Market Entry|Automatic recognition of foreign license granted|YES|
||Market Entry|Foreign-licensed professionals eligible to practice subject to conditions|YES|
||Licensing: Legal Status Condition|Residency in the host country required|YES|
||Licensing: Qualification Condition|Education – Required|YES|
||Licensing: Qualification Condition|Education - Foreign degree recognized|YES|
||Licensing: Qualification Condition|Education – Type|Not covered|
||Licensing: Qualification Condition|Education - Number of years|Not covered|
||Licensing: Qualification Condition|Training – Required|YES|
||Licensing: Qualification Condition|Training - Foreign training recognized|YES|
||Licensing: Qualification Condition|Training - Number of years|YES|
|**ACCOUNTANCY**<br>**AND LEGAL**<br>**MODE 4**|Licensing: Qualification Condition|Work experience – Required|YES|
||Licensing: Qualification Condition|Work experience - Foreign experience recognized|YES|
||Licensing: Qualification Condition|Work experience - Number of years|YES|
||Licensing: Qualification Condition|Passing a professional exam required|YES|
||Type of Entry|Entry as ICT, SSE, IP - allowed|YES|
||Entry Condition|Quota for Foreigners - ICT, SSE, and IP|YES|
||Entry Condition|Labor Market Test - ICT, SSE, and IP|YES|
||Entry Condition|Economic Needs Test - ICT, SSE, and IP|YES|
||Entry Condition|Minimum Wage/Salary or Wage Parity Requirement - ICT, SSE, and IP|YES|
||Entry Condition|Limits on the length of stay initially allowed- ICT, SSE, and IP|YES|
||Entry Condition|Duration of stay initially allowed - ICT, SSE, and IP|YES|
||Entry Condition|Possibility of extension of stay - ICT, SSE, and IP|YES|
46

# **Annex Table 4: Rules for scoring the key restrictions**

<mark>Only measures that are included in the summary of “key restrictions” are scored. The scores reflect the overall restrictiveness of key policy measures applied to a subsector-mode (and not to individual measures). When there is only one measure that is restrictive, the following scoring rule applies, but when two or more measures are in place, the score reflects the overall restrictiveness of the policy measures.</mark>

|**Category of openness:**|**Scores**|
|---|---|
|Open|0|
|Virtuallyopen|25|
|Significant restrictions|50|
|Virtuallyclosed|75|
|Closed|100|
47

# **A. STANDARDIZED MEASURES FOR ALL SECTORS IN MODE 3**

|**Sections**<br>**Survey questions**|#|**Different scenarios**|**Scores**|**Qualifications**|
|---|---|---|---|---|
||1|Foreign equity participation not allowed (ownership reserved for<br>nationals)|100||
||2|Foreign ownership less than or equal to 25% allowed (subsidiary,<br>acquisitionprivate)|75||
||3|Foreign ownership less than or equal to 50% allowed (subsidiary,<br>acquisitionprivate)|50|If FDI limit or any other<br>restrictions differ for listed (in<br>|
|**I. FOREIGN**<br> <br>a. FDI limit in a subsidiary?<br>b. FDI limit in acquiring a|<br>4|Foreign ownership greater than 50% but less than 99% allowed<br>(subsidiary,acquisitionprivate)|25|the local stock exchange) and<br>non-listed companies, the score<br>|
|**EQUITY LIMIT**<br> <br>private entity?|5|Foreign equity limit for a single foreign investor is less than or<br>equal to 50% and the restriction is discriminatory|25|will reflect the requirements for<br>non-listed companies, assuming<br>|
||6|Ownership of 25% or greater by indigenous group (even if non-<br>discriminatory)|25|the restrictions apply to listed<br>companies are prudential.|
||7|FDI limit is decided on a case by case basis|50||
||8|If foreign equity ownership in a state-owned entity is decided by<br>theprivatizationprocess|0||
||9|Not allowed to establish a subsidiary (Greenfield investment not<br>allowed),but allowed to acquire certain shares of existingentity.|50||
|**II. LEGAL FORM**<br>a. Is subsidiary allowed?<br>b Is acuisition of rivate|10|Not allowed to acquire a local private entity. If acquisition of<br>state-owned entity is not allowed, it is NOT considered as a<br>restriction in all sectors,EXCEPT for telecom and transport.|50|If companies must be publicly<br>listed in the local market, it<br>revents small and medium|
|**OF ENTRY**<br>. q p<br>entity allowed?|11|If companies must be publicly listed in the host country (since it<br>affect the total foreign ownership and it means substantial fixed<br>cost)|50|p<br>sized foreign companies to enter<br>the market.|
||12|If companies must be publicly listed anywhere (including in their<br>home country)|25||
48

|**Sections**|**Survey questions**|#|**Different scenarios**|**Scores**|**Qualifications**|
|---|---|---|---|---|---|
|||13|Limit on the number of licenses: No license issued at all or<br>exclusive monopoly, except in mobile telephony where limitation<br>of spectrum constrains the number ofproviders.|100||
||Is there a limit on the<br>number of licenses?|14|Limit on the number of licenses or discretion which is clearly<br>restriction on entry, such as economic needs test (discriminatory)<br>or limit on total value of services or transactions (total FDI in<br>insurance sector etc), or approval requirement by non-prudential<br>agencies (such as approval of the President, Prime Minister, and<br>Parliament required)|50|A. This rule applies to all sectors<br>except for transportation. In<br>transportation, licensing section<br>was not covered in the 2007<br>versions of the survey, which<br>affect 56 countries. Thus|
|**III LICENSING**||15|Reciprocity is a pre-condition for supplying the services|50|<br>licensing is not scored across all|
|**.**||16|There is a temporaryrestriction on licenses|50|countries.<br>|
|||17|Discretionary licensing, which is not clearly based on prudential<br>grounds|25|B. For all sectors, if license<br>needs to be renewed annually, it<br>|
|||18|Discretion or approval which is purely prudential. If approval of<br>the banking sector regulator, such as the Central Bank, is<br>required,it is consideredprudential.|0|is not treated as a restriction.<br>License renewal is mentioned in<br>the summary when it appears,<br>|
||Are the licensing criteria<br>discriminatory?|19|Discriminatory licensing requirements that are significant (such<br>asprolongedpriorpresence such as representative office)|50|but not scored as a restriction.|
|||20|Discriminatory licensing requirements that are minor, such as<br>additional documentation|25||
||Nationality requirement for<br>board of directors?|21|Nationality requirement for Board of directors: 50 percent or<br>more of BOD must be nationals.|25|Nationality requirement for<br>BOD captured in the FDI. If<br>BOD majority is not captured by<br>FDI (missing), then the score<br>should be 25. If BOD<br>requirement is for nationals OR<br>residents,this is not scored.|
|**IV. OPERATIONS**|Nationality requirement for<br>employees?|22|Minority of BOD must be nationals or nationality requirement<br>applies, but percentage is not defined (i.e. limitations expressed<br>in numbers).|0||
|||23|Nationality requirement for employees not treated as a restriction|0||
||Restrictions on repatriation<br>of earnings?|24|Restrictions on repatriation of earnings, such approval,<br>discriminatorytaxes,foreign exchange rules|25||
|||25|Repatriation of earning is subject to tax and approval, but non-<br>discriminatory|0||
49

# **B. SECTOR SPECIFIC MEASURES**

# **1. FINANCIAL SERVICES (MODE 1 AND MODE 3)**

|**MODE**|**Survey Questions**|**#**|**Different Scenarios**|**Score**|**Qualification**|
|---|---|---|---|---|---|
|||1|If commercial presence is required|100||
|||2|Requirement toprove domestic unavailability|75|If residency or commercial<br>|
|||3|Approval is required|25|presence is required for cross-<br>border services, it is treated as|
|||4|Allowed if consumer initiates the purchase|25|a restriction.|
|**MODE 1**||5|Restrictions on more than one of the following: interest rate,<br>maturity,sector,size and other restrictions.|50||
|||6|Restrictions only on one of the following: interest rate, maturity,<br>sector,size,and other restrictions.|25||
|||7|Obliged to cede to domestic reinsurer, requirement larger than<br>20%|50||
|||8|Obliged to cede to domestic reinsurer, requirement is not clear or<br>smaller than or equal to 20%|25||
|||9|Obliged to cede to domestic reinsurer, requirement larger than<br>20%|50||
|||10|Obliged to cede to domestic reinsurer, requirement is not clear or<br>smaller than or equal to 20%|25||
|**MODE 3**||11|Legal form: Restriction on entry through branch (primary form)|25|A. Operational measures are<br>|
|||12|Operational restrictions: Branching and ATM<br>-Explicit quota or other types of limit|25|not applicable to reinsurance<br>subsector.|
50

|**MODE**|**Survey Questions**|**#**|**Different Scenarios**|**Score**|**Qualification**|
|---|---|---|---|---|---|
|**2. TELECOMMUNIC**|**ATIONS**|||||
|||1|Acquiring state-owned entity not allowed or FDI allowed in<br>state-owned entityis less than or equal to 50%.|25|Note: In telecommunications,<br>regulator independence is<br>|
|||2|In mobile telecom only, if the limit on the number of licenses is<br>due to frequency spectrum|0|covered by the “key<br>restrictions” summary, but is<br>not scored.|
|**MODE 3**||3|In mobile telecom only, limit on the number of licenses, but<br>reason is notgiven|25||
|||4|Restrictions on international gateway (IG): Ownership of<br>infrastructure and/or operation of IG not allowed or prohibitive<br>fees applyto IG licensing.|25||
||Is it legal for fixed or<br>mobile service providers to<br>route their international|5|Restrictions on VOIP: it not allowed or some restrictions|25||
||<br>calls usingVOIP?|||||
|**3. RETAILING**||||||
|**MODE 3**||1|Restrictions on operation such as on products, brands, or outlets<br>are significant|50|Restrictions on particular<br>products such as tobacco,<br>alcohol arms weaons|
|||2|Restrictions on operations such as products, brands, or outlets,<br>ddi d f titi|25|, , p,<br>explosives, and pharmacy etc<br>|
||||epenng on egree o resrcon||NOT treated as restrictions.|
|**4. TRANSPORTATI**|**ON**|||||
|||1|Significant restrictions on foreign shares of cargo and explicit<br>preferences for national shippinglines|50||
|**MARITIME:**<br>**MODE 1**||2|Minor restrictions on foreign shares of cargo and minor form of<br>preferences|25||
|||3|Carrier agreements (such as conferences) exempt from<br>competition law|25||
|**ALL TYPES OF**||4|Acquisition of state-owned entities not allowed or foreign equity<br>limit in a state-owned entityis less than or equal to 50%.|25|A. In transportation, licensing<br>was not covered in the 2007|
|**TRANSPORT (Air**<br>**passenger, air**|Maritime auxiliary services<br>include caro handlin|5|For maritime auxiliary services, 6 types of services are<br>considered: If one or two types of services not allowed|25|version of the survey, which<br>affect 56 countries, thus it is|
|**cargo, road freight**<br>**domestic, rail**|g g,<br>storage and warehousing,<br>ti tti iti|6|Exception: if 'customs clearance' is the only type of service that<br>is not allowed|0|not scored across all<br>countries.|
|**freight domestic,**<br>**maritime shipping**<br>**international, and**|conaner saon, marme<br>agency, customs clearance,<br>and freight forwarding.|7<br>8|If three or four types of services not allowed<br>If onlyone is allowed|50<br>75|B. For international air<br>transportation services,<br>requirements for withholding|
|**auxiliary services):**<br>**MODE 3**||9|For maritime auxiliary services, if all six types of services are not<br>allowed|100|and designation rights are not<br>treated as a restriction, since it<br>was not covered in the survey.|
51

|**MODE**|**Survey Questions**|**#**|**Different Scenarios**|**Score**|**Qualification**|
|---|---|---|---|---|---|
|**5. PROFESSIONAL SE**|<br>**RVICES**|||||
||||||**Assumptions:**|
|||1|Commercial presence or residency required.|100|A. Foreign firms have<br>|
|||2|Cross border supply of services not allowed.|100|qualified professionals. B.<br>The clients abroad are non-<br>|
|||3|Demonstration of domestic unavailability of service required.|75|professional firms.<br>**Qualifications:**<br>1 The mode 1 measures didn't|
|**MODE 1 (via**||4|Providing the core services not allowed, but consulting is<br>allowed.|75|.<br>cover licensing, qualification<br>and other regulatory|
|**phone, email, or**<br>**fax): Accountancy**||5|The work has to be done through a local agent (firm or<br>individual).|50|conditions.<br>2. The types of services cover|
|**and Legal**||6|Legal domicile required.|25|all, including statutory<br>auditing and review of tax<br>|
|||7|Providing services one type of accounting/auditing services (such<br>as statutoryauditing)not allowed|25|documents.<br>3. If restrictions that are not<br>covered by the survey are|
|||8|Staffed with professionals licensed to provide the service.|0|<br>mentioned and if they<br>potentially affect the supply of|
|||9|Other restrictions that affect the supply of service via mode 1|25|services, they are captured in<br>point # 8.|
|||10|Establishingcommercialpresence not allowed|100|**Assumptions:**|
|||11|Providing the actual services not allowed, but consulting is<br>allowed|75|A. Foreign firms are qualified<br>to provide the same type of|
|||12|Reciprocityis apre-condition for supplyingthe services|50|services in the home country.|
|||13|Association with locally-licensed professionals as partners or<br>shareholders notpermitted|50|B. Foreign professionals or<br>partners possess the necessary|
|||14|Greenfield branch not allowed|25|skills, qualifications, and<br>|
|||15|Separate legal entitynot allowed|25|experience.<br>|
|**MODE 3:**<br>**Accountancy and**<br>**Legal**||16|Ownership by foreign nationals or by non-locally licensed<br>professionals not permitted or foreign ownership of less than<br>50% allowed (assuming entry through other forms allowed, such<br>as association with localpartners)|50|**Qualifications:**<br>A. If local qualification is<br>necessary for partners to set<br>up a partnership, it is<br>|
|||17|Limit on number of licenses|50|considered restrictive.<br>|
|||18|Significant discrimination in licensing criteria for foreign and<br>domestic applicants|50|B. Separate legal entity is<br>defined as "having a separate<br>|
|||19|Difference in licensingcriteria not significant|25|office from the parent<br>"|
|||20<br>21|Hiring of locally-licensed professionals as employees not<br>permitted<br>Restrictions on name or brand international name or clients|50<br>25|company, but it is not a<br>locally incorporated entity.|
52

|**MODE**|**Survey Questions**|**#**|**Different Scenarios**|**Score**|**Qualification**|
|---|---|---|---|---|---|
|||22|Market closed(nationalityrequired,no exceptions)|100|**Assumptions:**|
|||23|If reciprocityis apre-condition toprovide the services|75|The foreign professionals:<br>|
|||24|Nationality is required except for a group of countries,<br>with which a country has preferential trade agreements<br>(i.e. EU or GCC)|75|A. Are natural persons, who<br>intend to provide services<br>temporarily in a host country<br>|
|||25|Nationality required to provide the actual services, but<br>consultingis allowed|75|as defined in the GATS. The<br>professional is not seeking for<br>|
|||26|Must be resident to be licensed or to work as a<br>professional|25|citizenship or employment on<br>a permanent basis. B.<br>|
|||27|Foreign-licensed professionals eligible to practice subject<br>to conditions|depends|Foreign professionals<br>qualified to provide the<br>|
|||28|Quota for Foreigners - ICT,SSE,and IP|50|services in their home<br>iditi W ih t|
|||29|Labor Market Test - ICT,SSE,and IP|50|jurscons. e ws o<br>identif the additional|
|||30|Economic Needs Test - ICT,SSE,and IP|50|y<br>licensing requirements the|
|**Mode 4**||31|Education - Foreign degree not recognized|75|<br>professionals have to fulfill.|
|||32|Work experience or training - Foreign training not<br>recognized|50|<br>C. If Mutual Recognition<br>agreements are required, not|
|||33|Not-sector specific and overall restriction on nationality<br>of employees at a firm level (If this is the only<br>restriction)|25|<br>treated as a restriction.|
|||34|Passingaprofessional exam required|0||
|||35|Two types of entry not allowed<br>(Entryallowed onlythrough ICT,SSE or IP)|50||
|||36|If onlyone type is not allowed|25||
|||37|Minimum Wage/Salary or Wage Parity Requirement -<br>ICT,SSE,and IP(If this is the onlyrestriction).|25||
|||38|Limits on the length of stay initially allowed- ICT, SSE,<br>and IP|0||
|||39|Duration of stayinitiallyallowed - ICT,SSE,and IP|0||
|||40|Possibilityof extension of stay- ICT,SSE,and IP|0||
53

# **Annex Table 5: STRI construction: sector and modal weighting schemes**

|**Aggregate sectors**|**Subsectors,**<br>**by mode of supply**|**Modal**<br>**weights**<br>)<br>(_j_<br>_m_<br>_w_|**Sector**<br>**weights**<br>_j_<br>_w_|
|---|---|---|---|
|**Banking**|Mode 1:<br>||0.149|
||(1) Deposit acceptance|0.15||
||(2) Bank lending|0.15||
||Mode 3:|||
||(3) Deposit acceptance|0.85||
||(4) Bank lending|0.85||
|**Insurance**|Mode 1:||0.095|
||(5) Life|0.10||
||(6) Automobile|0.10||
||(7) Reinsurance|0.80||
||Mode 3:|||
||(8) Life|0.90||
||(9) Automobile|0.90||
||(10) Reinsurance|0.20||
|**Telecommunications**|Mode 3:||0.095|
||(11) Fixed-line<br>(12) Mobile|1.00<br>1.00||
|**Retailing**|Mode 3:||0.239|
||(13) Retail distribution|1.00||
|**Transportation**|Mode 1:||0.223|
||(14) Air passenger international|0.70|(0.037)|
||(15) International shipping|0.70|(0.037)|
||Mode 3:|||
||(16) Air passenger international|0.30||
||(17) Air passenger domestic|0.30||
||(18) International shipping|0.30||
||(19) Maritime auxiliary|1.00|(0.050)|
||<br>(20) Road freight|1.00|(0.062)|
||(21) Rail freight|1.00|(0.037)|
|**Professional Services**|Mode 1:||0.199|
||(22) Accounting|0.20||
||(23) Auditing|0.20||
||(24) International law|0.20||
||Mode 3:|||
||(25) Accounting|0.40||
||<br>(26) Auditing|0.40||
||<br>(27) Domestic law|0.50||
||(28) International law|0.40||
||(29) Court representation|0.50||
54

|**Aggregate sectors**|**Subsectors,**<br>**by mode of supply**|**Modal**<br>**weights**<br>)<br>(_j_<br>_m_<br>_w_|**Sector**<br>**weights**<br>_j_<br>_w_|
|---|---|---|---|
||Mode 4:|||
||(30) Accounting|0.40||
||(31) Auditing|0.40||
||(32) Domestic law|0.50||
||(33) International law|0.40||
||(34)Court representation|0.50||

Notes: As an exception to the modal aggregation rule outlined above, air passenger transportation subsectors are first aggregated within mode 3, i.e. air passenger domestic and air passenger international, then the resulting modal score is aggregated with mode 1 using the modal weights as shown.
# **Annex Table 6: List of law firms that contributed to filling country questionnaires**

|**Survey**<br>|||||||
|---|---|---|---|---|---|---|
|**year**|**Region **|**Country**|**Law firm**<br>|**Website**|**Mailing address**|**Phone**|
|2009|Africa|Botswana|Luke &<br>Associates|No website|P Bag UB 00702 Gaborone|267 75090454|
|2010|Africa|Burundi|Rubeya & Co -<br>Advocates|http://www.rubeya.bi|28, rue de l'industrie<br>Building Sella Paride<br>1st Floor, 6th appartment<br>BP 202<br>Bujumbura - Burundi|257 22 24 89 10|
|2008|Africa|Cameroon|JING &<br>Partners|http://www.jingpartners.com|537, Rue AFCODI<br>Off Texaco Njo-Njo,Bonapriso|(237) 33 43 36 71|
|2008|Africa|Cote d'Ivoire|Raux, Amien<br>& Partners,<br>Lawyers Firm|No website|Abidjan Cocody II Plateaux, rue des<br>jardins, les vallons immeuble<br>Antilope, 2nd étage<br>BP 03 Cidex 3|00 225 22 41 76<br>72|
|2008|Africa|Congo, Dem.<br>Rep.|DLA Piper|http://www.dlapiper.com|Avenue Louise 106 1050 Brussels<br>Belgium|(32) 2 500 15 00|
|2008|Africa|Ethiopia|Tadesse,<br>Getachew &<br>Abate Law<br>Office|http://www.tkethiopianlawyer.com|Tadesse Kiros Law Office<br>Mega Building, 3rd Floor, Room #<br>310<br>Bole Road<br>P.O.Box 33293<br>Addis Ababa,Ethiopia|25-191-179-2622|
|2008|Africa|Ghana|Fugar and<br>Company|http://www.fugarandcompany.com<br>.gh|Wesley House, Liberia Road<br>P.O. Box 6274,Accra-North,Ghana|(233) (21) 679222|
|2008|Africa|Kenya|Anjarwalla &<br>Khanna<br>Advocates|http://www.africalegalnetwork.co<br>m|ALN House Eldama Ravine Gardens<br>Off Eldama Ravine Road P.O. Box<br>200 - 00606 Nairobi,<br>Kenya|25-420-364-0223|
|2008|Africa|Lesotho|Mei & Mei<br>Attorneys|No website||2662-232-7079|
|2008|Africa|Madagascar|Madagascar<br>Conseil<br>International|http://www.cabinet-mci.com|Nouvel Immeuble NY HAVANA 1st<br>floor, Ankorondrano<br>Antananarivo 101 MADAGASCAR|(+261) 20 22 295<br>25|
|2008|Africa|Malawi|Wilson &<br>Morgan|No website|Whitehall, 6 Victoria Avenue, PO Box<br>527<br>Blantyre,Malawi|(265)-182-988|
|**Survey**<br>**year**|**Region **|**Country**|**Law firm**|**Website**|**Mailing address**|**Phone**|
|---|---|---|---|---|---|---|
|2008|Africa|Mali|CABINET<br>D'AVOCATS|http://www.lexis-conseil.com|BP E 4278 BAMAKO MALI|(00223) 675 43 93<br>(00223)221 01 68|
|2008|Africa|Mauritius|Banymandhub<br>Boolell<br>Chambers|http://www.templegroup.mu|Temple Court<br>2, Labourdonnais street<br>Port-Louis<br>Mauritius|(230) 212 9810|
|2008|Africa|Mozambique|Mozlegal|http://www.mozlegal.com|Rua General Pereira D‟Eça 90,<br>Maputo,Mozambique|258 21 496 900|
|2008|Africa|Namibia|Ellis &<br>Partners|http://www.ellisnam.com|3300 Windhoek Namibia, Windhoek,<br>Namibia|(264)6124-2224|
|2008|Africa|Nigeria|Barristers,<br>Solicitors &<br>Trade Mark|No website|11 Raymond Njoku Street, S.W.<br>Ikoyi, Lagos|234-1-2692197|
|2009|Africa|Rwanda|Private<br>consultant|No website|6454 Kigali - Rwanda|(25)-078-876-<br>3163|
|2008|Africa|Senegal|FIDAFRICA|No website|Membre de PricewaterhouseCoopers<br>Cabinet de conseils juridiques et<br>fiscaux 3, place de l' Independence<br>BP 6454 Dakar|(221) 849 05 00|
|2008|Africa|South Africa|Bowman&<br>Gilfillan Inc|http://www.bowman.co.za|PO Box 248<br>Cape Town<br>8000<br>South Africa|27-(0)-214807800|
|2008|Africa|Tanzania||http://www.crbafricalegal.com|6th Floor, Amani Place<br>Ohio Street<br>PO Box 79958<br>Dar es Salaam,Tanzania|+255 (0) 22 213<br>5637|
|2008|Africa|Uganda|Katende,<br>Ssempebwa &<br>Co. Advocates|http://www.kats.co.ug|M/s Katende, Ssempebwa & Co.<br>Advocates<br>Radiant House,<br>Plot 20, Kampala Road<br>P.O.Box 2344, Kampala, Uganda,<br>East Africa|(256) 414- 23-<br>3770|
|2008|Africa|Zambia|Chibesakunda<br>& Co.|http://www.dlapiper.com|C/o Chibesakunda & Co., P.O. Box<br>30279,Lusaka,Zambia|(260) 1 23-6 319|
|2008|Africa|Zimbabwe|Kantor &<br>Immerman|http://www.kantorimmerman.co.z<br>w|MacDonald House, 10 Selous Avenue,<br>Box 19,Harare,Zimbabwe|263 4 793 626|
|**Survey**<br>|||||||
|---|---|---|---|---|---|---|
|**year**|**Region **|**Country**|**Law firm**|**Website**|**Mailing address**|**Phone**|
|2008|East Asia<br>and Pacific|Cambodia|DFDL<br>Mekong Law|http://www.dfdlmekong.com|33, Street 294 (Corner Street 29),<br>Sangkat Tonle Bassac<br>Khan Chamkarmon (PO Box 7)<br>Phnom Penh,Cambodia|855-2321-0400|
|2011|East Asia<br>and Pacific|China|Jun He Law<br>Office|http://www.junhe.com||(86-10)<br>8519.1377|
|2008|East Asia<br>and Pacific|Indonesia|Hadromi and<br>Partners|http://www.hadromi.com|Hadromi & Partners Law Firm<br>Setiabudi Atrium, 2nd Floor, Suite<br>209A<br>Jl. H.R. Rasuna Said Kav. 62, Jakarta<br>12920,Indonesia|(62-21) 520 7040|
|2008|East Asia<br>and Pacific|Malaysia|Rajah, Daryl<br>& Loh|http://www.rajadarrylloh.com|18th floor, Wisma Sime Darby, Jalam<br>Raja Laut-50350, Kuala Lumpur,<br>Malaysia|603-2694-9999|
|2008|East Asia<br>and Pacific|Mongolia|Mahoney &<br>Lynch|http://www.mongolialaw.com|International Trade Centre<br>Suite 500<br>Baga Toiruu 37B<br>Ulaanbaatar,Mongolia|(976) -11-325344|
|2008|East Asia<br>and Pacific|Philippines|ACCRA Law|http://www.accralaw.com|22/F ACCRALAW TOWER<br>Second Avenue corner 30th Street,<br>Crescent Park West<br>Bonifacio Global City, 0399 Taguig<br>METRO MANILA,PHILIPPINES|(632) 830-8000|
|2008|East Asia<br>and Pacific|Thailand|Tilleke and<br>Gibbens Law<br>Firm|http://www.tillekeandgibbins.com|Bangkok, Thailand<br>Supalai Grand Tower, 26th Floor<br>1011 Rama 3 Road, Chongnonsi,<br>Yannawa 10120|+66 2653 5555|
|2008|East Asia<br>and Pacific|Vietnam|LuatViet -<br>Advocates &<br>Solicitors|http://www.luatviet.com|DMC Tower, 4th Floor, 535 Kim Ma<br>Street, Ba Dinh District, Hanoi,<br>Vietnam|844 220 3152|
|2008|Eastern<br>Europe and<br>Central Asia|Albania|Boga &<br>Associates|http://www.bogalaw.com|P.O.Box 8264 Tirana, ALBANIA|+355 4 225 1050|
|2008|Eastern<br>Europe and<br>Central Asia|Armenia|Grant<br>Thornton<br>Amyot|http://www.grantthornton.am|4a Kuznetsovi street, apt. 29, Yerevan,<br>Republic of Armenia|374 93 422 039|
|**Survey**<br>**year**|**Region **|**Country**|**Law firm**|**Website**|**Mailing address**|**Phone**|
|---|---|---|---|---|---|---|
|2008|Eastern<br>Europe and<br>Central Asia|Belarus|Stepanovski,<br>Papakul &<br>Partners|http://spplaw.by|2 Timiryazeva Street, Office 7, Minsk<br>220004 Belarus|375 29 133 8839|
|2008|Eastern<br>Europe and<br>Central Asia|Bulgaria|Penkov,<br>Markov &<br>Partners|http://www.penkov-markov.eu|22-A Iztok District, 1113 Sofia,<br>Bulgaria|359 2 971 3935|
||Eastern||||||
|2008|Europe and<br>Central Asia|Georgia|BGI Legal|http://www.bgi.ge|31 Abuladze Street, Tbilisi, Georgia|995 32 99 72 92|
|2008|Eastern<br>Europe and<br>Central Asia|Kazakhstan|Grata Law<br>Firm|http://www.gratanet.com/en/kazak<br>hstan/contacts/almaty|Grata Law Firm<br>104, M.Ospanov Street, Almaty,<br>050020, Republic of Kazakhstan|7 727 2 445-777|
|2008|Eastern<br>Europe and<br>Central Asia|Kyrgyz<br>Republic|Kalikova &<br>Associates<br>Law Firm|http://www.k-a.kg|71 Erkindik Boulevard, Bishkek,<br>Kyrgyz Republic|996 312 66 60 60|
|2008|Eastern<br>Europe and<br>Central Asia|Romania|Musat &<br>Asociatii|http://www.musat.ro|43 Aviatorilor Blvd., 1st District,<br>Code 011853, Bucharest, Romania|40 21 202 5900|
|2008|Eastern<br>Europe and<br>Central Asia|Russia|Neocleous &<br>Co|http://www.neocleous.ru|Perevedenovskiy per., 13<br>Building 21<br>105082,Moscow,Russia|+7 495 933 8703|
|2008|Eastern<br>Europe and<br>Central Asia|Turkey|Pekin & Bayar<br>Law Firm|http://www.pekin.com.tr|Ahular Sokak No.15 Etiler 34337,<br>Istanbul, Turkey|90 212 359 5700|
|2008|Eastern<br>Europe and<br>Central Asia|Ukraine|Shevchenko<br>Didkovskiy &<br>Partners|http://www.asterslaw.com|Leonardo Business Center, 14th floor<br>19-21 Bohdana Khmelnytskoho St.<br>Kyiv,01030,Ukraine|380 44 230 60 00|
|2008|Eastern<br>Europe and<br>Central Asia|Uzbekistan|Grata Law<br>Firm|http://www.gratanet.com/en/uzbeki<br>stan/contacts/tashkent|39, Gogol Street, Almaty, 050002,<br>Kazakhstan|7 701 722 32 86|
|2008|Gulf<br>cooperation<br>council|Bahrain|Talal Abu-<br>Ghazaleh<br>Legal|http://www.tag-legal.com|921100 Amman 11192, Jordan|00962 6 510 0900|
|2008|Gulf<br>cooperation<br>council|Kuwait|Al-Sarraf &<br>Al-Ruwayeh|http://www.asarlegal.com|Salhiya Complex, Gate 1, 3rd Floor<br>P O Box 447, Safat 13005<br>Kuwait|+965 2292 2700|
|**Survey**<br>**year**|**Region **|**Country**|**Law firm**|**Website**|**Mailing address**|**Phone**|
|---|---|---|---|---|---|---|
|2008|Gulf<br>cooperation<br>council|Oman|Al Busaidy,<br>Mansoor<br>Jamal & Co.|http://www.amjoman.com|P.O. Box 686, Ruwi<br>Postal Code 112, Muscat<br>Sultanate of Oman|00968 2481 4466|
|2008|Gulf<br>cooperation<br>council|Qatar|Talal Abu-<br>Ghazaleh<br>Legal|http://www.tag-legal.com|921100 Amman 11192, Jordan|00962 6 510 0900|
|2008|Gulf<br>cooperation<br>council|Qatar|Al Tamimi &<br>Company|http://www.tamimi.com|Adv. Mohammed Al Marri in<br>association with Al Tamimi &<br>Company,<br>Sheikh Mohammed Bin Suhaim<br>Tower<br>3rd floor Ras Abou Aboud,<br>PO Box 23443,<br>Doha, Qatar|97444572777|
|2008|Gulf<br>cooperation<br>council|Saudi Arabia||http://www.saudilegal.com/membe<br>rs/andreas_haberbeck.html|Post Office Box 6387<br>Jeddah 21442<br>Saudi Arabia|(+966-2-)<br>6504475|
|2008|Latin<br>America and<br>Caribbean|Argentina|Estudio<br>Cavallaro<br>Abogados|http://www.estudiocavallaro.com|San Martín 140, piso 14 – C1004AAD<br>Buenos Aires – Argentina|(54 11) 5167<br>1610; (54 911)<br>4089 0601|
|2008|Latin<br>America and<br>Caribbean|Bolivia|C.R. & F.<br>Rojas|http://www.rojas-lawfirm.com|Avenida Costanera de Achumani # 10,<br>La Paz, Bolivia|591 2 231 3737|
|2011|Latin<br>America and<br>Caribbean|Brazil|Demarest|http://www.demarest.com.br|Av. Pedroso de Moraes, 1.201 -<br>Centro Cultural Ohtake<br>São Paulo - SP - Cep: 05419-001|(55-11) 3356-<br>1800|
|2008|Latin<br>America and<br>Caribbean|Chile|Guerrerolivas|http://www.guerrero.cl|Edificio Millenium<br>Avenida Vitacura 2939, Floor 8, Las<br>Condes<br>Santiago,Chile|+562 674 2900|
|2008|Latin<br>America and<br>Caribbean|Colombia|Cavelier<br>Abogados|http://www.cavelier.com|Edificio Siski Carrera 4 No.72-35<br>Bogotá, Colombia|(57-1) 347 3611|
|2008|Latin<br>America and<br>Caribbean|Costa Rica|BLP<br>Abogados|http://www.blpabogados.com|Urbanización Guayabos #12,<br>Curridabat, Costa Rica|506 2205 3935|
|**Survey**<br>**year**|**Region **|**Country**|**Law firm**|**Website**|**Mailing address**|**Phone**|
|---|---|---|---|---|---|---|
|2008|Latin<br>America and<br>Caribbean|Costa Rica|Oller<br>Abogados|http://www.ollerabogados.com|18th Ave, 2nd St.<br>San José , Costa Rica<br>PO. BOX 555-1007|(506) 2257-1290|
|2008|Latin<br>America and<br>Caribbean|Dominican<br>Republic|Jiménez Cruz<br>Peña|http://www.jcpdr.com|Primera Street number 42, Las<br>Praderas, Santo Domingo, Dominican<br>Republic|809 955 2727|
|2008|Latin<br>America and<br>Caribbean|Ecuador|Perez<br>Bustamente &<br>Ponce|http://www.pbplaw.com|Av. República de El Salvador 1082 y<br>Naciones Unidas, Edif. Mansión<br>Blanca.|(593-2) 225 4323|
|2008|Latin<br>America and<br>Caribbean|Guatemala|Carrillo &<br>Asociados|http://www.carrillolaw.com|Diagonal 6 10-01 zona 10, Centro<br>Gerencial Las Margaritas, Torre 2,<br>Nivel 7, Guatemala City, Guatemala<br>01010|502 2421 5743|
|2008|Latin<br>America and<br>Caribbean|Honduras|Arias &<br>Muñoz|http://www.ariaslaw.com/honduras<br>-lawyers.aspx|Col. La Leona, Tegucigalpa,<br>Honduras|504 9967 3546|
|2011|Latin<br>America and<br>Caribbean|Mexico|Barrera,<br>Siqueiros y<br>Torres Landa,<br>S.C.(BSTL)|http://www.bstl.com.mx|Paseo de los Tamarindos #150-PB<br>Bosques de las Lomas<br>México, D.F. 05120|(52 55) 5091-<br>0000|
|2008|Latin<br>America and<br>Caribbean|Nicaragua|Arias &<br>Muñoz|http://www.ariaslaw.com/nicaragu<br>a-lawyers.aspx|Km. 7 1⁄2 Carretera a Masaya. La<br>Alameda, casa No. 21. Managua,<br>Nicaragua|505 884 0359|
|2008|Latin<br>America and<br>Caribbean|Panama|Alfaro, Ferrer<br>& Ramirez|http://www.afra.com|Edificio Cancun, Piso 1, #1A, Panama<br>City, Panama|507 6611 7566|
|2008|Latin<br>America and<br>Caribbean|Paraguay|Moreno<br>Ruffinelli &<br>Asociados|http://www.moreno.com.py|448 Centurion Miranda, Asuncion,<br>Paraguay|595 21 214 688|
|2008|Latin<br>America and<br>Caribbean|Peru|Ferrero Law<br>Firm|http://www.ferrero.com.pe|Av Víctor A. Belaunde 395<br>San Isidro. Lima - Perú|(511) 513-7200|
|2008|Latin<br>America and<br>Caribbean|Trinidad and<br>Tobago|GSB, Graduate<br>School of<br>Business|No website||1-868-622-9894|
|**Survey**<br>**year**|**Region **|**Country**|**Law firm**|**Website**|**Mailing address**|**Phone**|
|---|---|---|---|---|---|---|
|2008|Latin<br>America and<br>Caribbean|Uruguay|Guyer &<br>Regules|http://www.guyer.com.uy|Plaza Independencia 811, P.B.,<br>Montevideo, CP 11100, Uruguay|598 94 27 82 83|
|2008|Latin<br>America and<br>Caribbean|Venezuela|Rodriguez &<br>Mendoza|http://www.romen.com|Edif. Parque Cristal, T. Este, Piso 11,<br>Av. Francisco de Miranda, Urb. Los<br>Palos Grandes, Caracas - Venezuela,<br>1062|(58-212) 285-<br>4944|
|2008|Middle East<br>and North<br>Africa|Algeria|Elkettas<br>International|http://www.elkettasinternational.co<br>m|Hamilton House, 1 Temple Avenue,<br>London EC4Y 0HA, United Kingdom|44 20 7489 2026|
|2008|Middle East<br>and North<br>Africa|Egypt|Al Kamel Law<br>Office|http://www.kamellaw.com|Dokki Building<br>17, Nabil El Wakkad Street<br>Dokki, Giza<br>Cairo,Egypt|202 8326 442|
|2008|Middle East<br>and North<br>Africa|Iran, Islamic<br>Rep.|International<br>Law Office of<br>Dr.Behrooz<br>Akhlaghi &<br>Associates|http://www.intllaw.net|No. 324, Razagh Zadeh Alley, P.O.<br>Box 15745/759, Tehran 19656, Iran|98 21 226 69 374|
|2008|Middle East<br>and North<br>Africa|Jordan|Zalloum &<br>Laswi Law<br>Firm|http://www.zllawfirm.com|Shmeisani- Rif'at Slaibi St. -<br>Building # 4 – 2nd Fl.<br>P.O. Box 941781 Amman 11194|962 79 6040065|
|2008|Middle East<br>and North<br>Africa|Lebanon|Alem &<br>Associates|http://www.alemlaw.com|Corniche Mazraa, Gondole Bldg.,<br>Suite 10, P.O. Box 14-5233, Beirut,<br>Lebanon|961 3 868 858|
|2008|Middle East<br>and North<br>Africa|Morocco|AHLO FIRM|http://www.ahlo.ma<br>|28, Bd Moulay Youssef, Casablanca<br>20000 - Morocco|+ 212 (0) 22 48<br>74 74|
|2008|Middle East<br>and North<br>Africa|Tunisia|Ferchiou &<br>Associés<br>Avocats &<br>Conseils<br>Juridiques|No website|34 Place du 14 Janvier 2011<br>Tunis, 1001<br>Tunisia|(216) 71 12 05 00|
|2008|Middle East<br>and North<br>Africa|Yemen|Abdalla Al-<br>Meqbeli &<br>Associates|http://www.al-<br>meqbelilawfirm.weebly.com|Abdalla Al Meqbeli & Associates<br>Solicitors, Advocates & Notaries<br>Building No. 10, St No. 5 off Beirut<br>Ave, Hadda, Post No. 7248<br>Sanaa Yemen|967 1 419 326/<br>417 324|
|**Survey**<br>**year**|**Region **|**Country**|**Law firm**|**Website**|**Mailing address**|**Phone**|
|---|---|---|---|---|---|---|
|2008|South Asia|Bangladesh|Dr. Kamal<br>Hossain &<br>Associates|http://www.khossain.com|122-124 Motijheel C/A, Chamber<br>Building, Dhaka 1000, Bangladesh|882 955 2946|
|2008|South Asia|India|Singhania and<br>Partners|http://www.singhania.in|S&P House H-186,<br>Sector - 63,<br>Noida NCR Delhi- 201301|+91 (120) 463-<br>1000|
|2008|South Asia|Nepal|Pioneer Law<br>Associates|http://www.pioneerlaw.com|Pioneer House, 246 Sahayog Marg,<br>Anamnagar,Kathmandu,Nepal|977 1 422 1340|
|2008|South Asia|Pakistan|Abraham &<br>Sarwana|http://www.abraham-sarwana.com|Mezzanine Floor, PIDC House, Dr<br>Ziauddin Road, Karachi 75530,<br>Pakistan|92-21-3568-7360|
|2008|South Asia|Sri Lanka|Julius &<br>Creasy|http://www.juliusandcreasy.com|No 41, Janadhipathi Mawatha<br>(Queen Street)<br>P.O.Box 154<br>Colombo 01|+94 11 2422601-5|