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    TRADE IN SERVICES

    MANDEEP SINGH(500802507)

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    FLOWOF PRESENTATION

    Importance Of Services

    History Of GATS

    Origin

    OfGATS

    Components Of GATS

    Various Services Under GATS

    Different Modes Of Supplying Services under GATS

    India & GATS

    References

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    Importance of Services

    World exports of commercial services amounted toUS$ 3,350 billion in 2009,

    After growing on average at around 8.5% per

    year in value terms since 1980. Trade in commercial services grew faster than trade

    in goods (7.5% on average) during this period,increasing its share in total world trade by 3

    percentage points. In 2009,services accounted for approximately 21%

    of total world trade.

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    EXPORT OF COMMERCIAL SERVICES

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    HISTORY OF GATS

    First attempt came from US at GATT ministerial

    meeting in Nov.1982

    This incentive came from US private sector providers

    However this attempt failed due to oppose of

    European Community was not interested &

    developing countries oppose the move

    Reason- since they thought that comparativeadvantage was mainly with developed countries &

    they saw no gain with themselves.

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    HISTORY.Contd.

    By Uruguay round in 1986 four main clusters were formed-

    US & Some OECD(Organization for Economic Co-operation

    and Development) countries- who proposed the GATS

    concept into GATT

    European Community & Some OECD countries & some

    developing countries- which were working for overall

    compromise

    Group ofG-10 led by Brazil & India oppose the US initiative

    Group ofG-20 countries who were ready to accept US

    proposal but at some conditions

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    ORIGIN OF GATS

    Inclusion of trade in services in 1986 ministerial

    declaration GATT was a result of compromise

    between these four clusters.

    Following the declaration in 1987 the GROUP OF

    NEGOTIATIONS ON SERVICES was formed (GNS)

    All the GATT members were also members of GATS

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    PILLARES OF GATS

    Set of general obligations &disciplines

    Schedules of Specific Commitments Annexes on specific issues

    GATS

    Pillars

    By service sectors By mode of supply

    Commitments

    Under GATS

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    GATS

    GATS was divided into six parts having 29 articles-

    1. Scope of agreement & Definition of services

    2.

    General obligations3. Specific commitments

    4. Progressive liberalization

    5. Institutional provisions

    6. Final provisions regarding denying by any country

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    TYPES OF SERVICES

    3. Communications services

    4. Construction services

    5. Insurance services

    6. Financial services

    7. Computer and information

    services

    8. Royalties and licence fees

    9. Other business services10. Personal, cultural and

    recreational services

    Commercial services:Commercial services:

    1. Transportation

    2. Travel

    3. -10. Other commercial services

    11. Government services

    (not in GATS)

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    CONTD

    WTO/OMC

    2. Travel

    1. Transport

    3. Communications

    services

    etc

    Sea transport (passenger, freight, other)

    Air transport (passenger, freight, other)

    Other transport (passenger, freight, other)

    Space, Rail, Road, ...

    Business travel

    Expenditure by seasonal and border workers

    Other

    Personal travel

    Health-related expenditure

    Education-related expenditureOther

    Postal & courier

    Telecommunication

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    SECTORWISE COMMITMENTS

    11896 92 86

    73 6453

    42 41 42 37

    25

    25 2525

    2423

    2224 24 16 20

    0

    20

    40

    60

    80

    100

    120

    140

    160

    DEVELOPING DEVELOPED

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    PROPOSALS

    16

    11

    43

    64

    2 1 0 0

    5

    8

    5

    6 34

    55

    3 10

    5

    10

    15

    20

    25

    DEVELO

    PING CO

    UNTRIES DEVELO

    PED CO

    UNTRIES

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    GATSARCHITECTUREGATSARCHITECTURE

    GATS is divided into two parts:

    1.Ru

    les of General applications- apply to all servicesectors

    2. Specific Rules- apply to service sectors where

    specific commitments are made

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    GATSGENERAL OBLIGATIONSGATSGENERAL OBLIGATIONS

    Most favored nation(MFN)

    - must provide equivalent treatment to all members

    Transparency- must publish all the information

    - must inform other parties of new changed measures

    - must reply promptly to all requests by parties

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    GATSGENERALGATSGENERAL OBLIGATIONS 2OBLIGATIONS 2

    Domestic Regulations

    - Qualifications, technical standards & licensing do

    not constitute unnecessary barriers against the trade

    Negotiation for above disciplines must -

    - Be objective

    - Not more than ensuring the quality of service

    - Licensing procedure can not be restriction in supply

    of service

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    GATSGENERAL OBLIGATIONS 3GATSGENERAL OBLIGATIONS 3

    Exceptions are very limited, except for national

    security self defining

    Governmental authority

    Must meet to criteria

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    GATSSPECIFIC OBLIGATIONSGATSSPECIFIC OBLIGATIONS

    Members list service commitments in an

    annex, which is a part of the agreement

    Listing is by service sectors through a classification

    system (UN based)

    Listing requires specifying modes

    Listing requires specifying any limits or exceptions

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    GATSSPECIFIC OBLIGATIONSGATSSPECIFIC OBLIGATIONS

    MARKETACCESSMARKETACCESS

    Market access

    No limits on number of service

    suppliers

    No limits on total value of

    service operations

    No limit on number of

    employees

    No limits on legal entities

    Public, private,for profit and

    not-for-profit

    No limits on foreign capital

    Consequence

    No limits on retail outlets or

    on locations of outlets

    No limits on retail outlets

    No limits on temporary entry

    No restrictions on private

    outlets No restrictions on foreign

    ownership and control

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    GATSSPECIFIC OBLIGATIONS 2GATSSPECIFIC OBLIGATIONS 2

    National Treatment

    Must provide level of treatment at least as good as thebest treatment provided to like services and service

    providers Equivalent treatment, not identical

    Like broadens the scope

    Applies to subsidies

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    Detailed View of Modes of Service Supply

    (GATS) used by trade negotiators

    Mode 1 Cross-border

    Mode 2 Consumption abroad

    Mode 3 Commercial presence Mode 4 Presence of natural persons

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    Cross-border Supply (Mode 1)

    Service crosses border

    No movement of producer or consumer

    ExamplesExamples::

    Customer support (call centers)

    Telecommunications

    Remote diagnostic services (telemedicine)

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    Consumption Abroad (Mode 2)

    Consumer travels to the location of the producer

    Examples:Examples:

    Tourism

    Education (study abroad)

    Medical services (involving travel)

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    Presence (Mode 3)

    Foreign Direct Investment

    Service is delivered through a locally established

    affiliate

    E.g. The establishment of a branch of a foreign

    based firm such as a legal office or bank

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    Temporary movement of natural persons

    (mode 4)

    Natural person (individual) travels to the country

    where production occurs

    Self-employed service producer

    Employee of service producer

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    Temporary movement of natural persons

    (mode 4)

    Important question: At what point does the person

    become a resident of the country where the

    service is provided?

    BOP conventions After 1 year.

    GATS Whatever is agreed, but may be longer

    than 1 year.

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    UNDERSTANDING MODES OF SUPPLYING

    SERVICES

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    CONTD

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    SAMPLE OF SCHEDULE OF GATS

    COMMITMENTS

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    UNDERSTANDING

    Let us consider a specific example to distinguish between thefour modes of supply. A particular firm in country 'X'establishes a subsidiary in country 'Y' to provide services.

    This is supply of

    services through Mode 3 i.e. CommercialPresence. An architect of the said firm sends blueprints overthe Internet to another firm in country "Y"- this is Mode 1 i.e.Cross Border Supply. An Engineer from the said firm isdeputed to work in the subsidiary firm established in country'Y' for a limited period for managerial operations - this is

    Mode 4 i.e. Movement of Natural Persons. Certain traineesfrom the subsidiary in country 'Y' visit country 'X' and availof both education and tourism services in country 'X' - this isMode 2 exports i.e. Consumption Abroad for country 'X'

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    INDIA & GATS

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    Contribution to GDP

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    INDIAS EXPORT OF SERVICES

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    INDIAS IMPORT OF SERVICES

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    Indo-US TRADE IN SERVICES

    The Indo-US services trade is likely to grow to an

    ambitious $150 billion in the next six years, says a

    CII estimate.

    At present, the country's total engagement with the

    US is over $60 billion, out of which about $40

    billion are accountedfor by the merchandise trade.

    Last fiscal, the services exports to the US touched

    $22 billion.

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    Present & future of Indian GDP

    In 2010 In 2042 Multiples

    GDP (in $ Trillion) 1.25 10.62 8.5

    INDUSTRY 352.5 2867.5 8.1

    SERVICES 686.3 7540.2 11.0

    AGRICULTURE 212.5 212.5 1.0

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    LIMITATIONS & BARRIERS IN GROWTH

    PROTECTIONISM APPROACH

    Discriminatory access to distribution and communications system

    (TELECOMMUNICATION ,INSURANCE)

    Quantitative-restriction (QR)-type policies

    Price-based barriers(visa fees, entry or exit taxes, discriminating airline

    landing fees,

    port taxes,

    tariffs)

    Limits on foreign share-holding in individual companies or by sector

    Qualification and licensing requirement

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    References

    http://capitalstock.wordpress.com

    www.wto.org

    http://www.sice.oas.org

    www.rbi.org.in

    www.rbi.org.in/scripts/BS_EntireSearch.aspx?search

    String=services&strSection=Publications

    www.wikipedia.org

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