Ukraine Schedule of Specific Commitments
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WORLD TRADE GATS/SC/144 10 March 2008 ORGANIZATION (08-1034)
Trade in Services
UKRAINE
Schedule of Specific Commitments
(This is authentic in English only)
______
UKRAINE – SCHEDULE OF SPECIFIC COMMITMENTS
GATS/SC/1 44 Page 2
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments I. HORIZONTAL COMMITMENTS ALL SECTORS INCLUDED IN THIS GATS/SC/1 SCHEDULE 44 Page 3 Land ownership (3), (4) Foreign citizens and persons without citizenship have no right to acquisition into property of agricultural lands. Foreign citizens and persons without citizenship do not have a right to acquire free of charge the land plots, which belong to the State and Municipal property, or to privatize the land plots, previously given to them into use. Foreign legal persons may acquire the property rights only for land plots of non- agricultural destination on the territory of populated localities in case of acquisition of the real estate objects related with business activity carried out in Ukraine, and outside the inhabited localities - in case of acquisition of real estate objects. There are no restrictions on the rent of land by foreigners and foreign legal entities.
Subsidies and other forms of state support (1), (2), (3), (4) Unbound, referring to the subsidies and other forms of state support, including the access to financial and other material resources of the State.
Access to subsidies and other forms of state support, including access to the financial and other material resources of the State, must be limited only to the citizens of Ukraine and/or juridical persons of Ukraine.
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments Eligibility for subsidies and other forms GATS/SC/1 of state support, including access to the 44 financial and other material resources of Page 4 the State, may be limited to the particular region, categories of persons suffering from their unfavourable social and economic position, small business enterprises, entities of social importance, public utilities. Movement of natural persons (4) The entry and temporary stay in Ukraine of a foreign service supplier requires a permit for temporary stay or a work permit.
For foreign individuals (paragraphs I and IIb) a work permit is issued for a period of 3 years. This period may be extended for 2 years. To this end an employer should apply in accordance with prescribed procedure to the relevant employment centre not later than a month before the date of expiry of the previous work permit.
The entry and temporary stay for the categories of foreign individuals specified in paragraphs IIa and IIc is limited to a 180 days period within one calendar year.
Unbound, except as indicated below concerning the temporary entry and stay of natural persons:
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments I. Intra-corporate transferees (executives, managers and GATS/SC/1 specialists) 44 Page 5 ("Intra-corporate transferee" shall mean a person employed by a legal entity other than a non profit organization established in the territory of WTO Member, and who seeks temporary stay in order to supply services in Ukraine through the commercial presence of his employer)
A natural person, employed by a legal entity or who had participation in it (but did not hold the controlling interest) for a period of not less than 1 year, who seeks temporary stay in order to render service to that legal entity's branch, affiliate or subsidiary engaged in similar business operations in the territory of Ukraine.
a) Executives: Individuals in the organization who mainly carry out direct management of the legal entity or set objectives and determine policies of the legal entity or the main component or functions of the legal entity, who have broad decision-making authority and are subject only to general supervision or guidance on the part of senior executives, the board of directors or the shareholders of the legal entity.
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments b) Managers: Individuals in the GATS/SC/1 organization who manage the legal 44 entity or department or division of Page 6 the legal entity, carry out control over work of other supervisory, professional or administrative personnel, have powers to hire and dismiss personnel or recommend the hire, dismissal or other personnel actions as well as carry out their personal authority in respect of day- to-day activities of the organization. c) Specialists: Individuals in the organization who possess knowledge at an advanced level of expertise and a proprietary knowledge of the entity's products, services, operations, or management techniques. This knowledge should reflect the required academic credentials and professional qualifications for performing work within the scope of the particular profession.
II. Other essential persons
(a) Services sellers
A natural person, who temporarily stays in Ukraine and who comes to Ukraine for the purposes of participating in business meetings including negotiations in business contracts for the sale of services, and/or other similar activities.
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments Such a service seller shall not engage in direct sales or supply of services to the GATS/SC/1 general public 44 Page 7 (b) Persons who provide services without establishing commercial presence in Ukraine (direct provision of services)
A natural person, who temporarily stays in Ukraine and who comes to Ukraine in accordance with a contract for direct provision of services and satisfies the requirements of professional qualifications, indicated in paragraph I c).
(c) Persons responsible for the establishment of commercial presence in Ukraine
A natural person employed by a service supplier or responsible for the establishment of commercial presence in the following cases:
- representatives of a service supplier are not engaged in direct supplies or sales of services; or - representatives of a service supplier are employed by an enterprise that does not have an affiliate or subsidiary in Ukraine.
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments II. SECTOR SPECIFIC COMMITMENTS GATS/SC/1 I. BUSINESS SERVICES 44 1. Professional Services Page 8 (a) Legal Services
- Legal advisory and representation (1) None (1) None services concerning criminal law (2) None (2) None (CPC 86111) (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
- Legal advisory and representation (1) None (1) None services in judicial procedure (2) None (2) None concerning fields of law, other than (3) None (3) None criminal law (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the (CPC 86119) horizontal section horizontal section
- Legal advisory and representation (1) None (1) None services in statutory procedures (2) None (2) None (CPC 8612) (3) None (3) None (CPC 86120) (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
- Legal documentation and (1) None (1) None certification services (2) None (2) None (CPC 8613) (3) None (3) None (СPC 86130) (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
- Other legal advisory and (1) None (1) None information services, other than (2) None (2) None notary services (3) None (3) None (CPC 8619) (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the (CPC 86190) horizontal section horizontal section
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments - Consultancy on home country law (1) None (1) None and international law and third (2) None (2) None GATS/SC/1 country law (3) None (3) None 44 (part of CPC 861) (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the Page 9 horizontal section horizontal section
- Notary services (1) Only citizens of Ukraine are (1) None permitted to supply notary services (2) None (2) None (3) Only citizens of Ukraine are (3) None permitted to supply notary services (4) Only citizens of Ukraine are (4) Unbound, except as indicated in the permitted to supply notary services horizontal section
(b) Accounting and bookkeeping (1) None (1) None services (2) None (2) None (CPC 862 (except CPC 86211)) (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
- Auditing services (1) None, except official audit reports (1) None (CPC 86211) must be confirmed by an auditor or auditing firm of Ukraine (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(c) Taxation services (1) None (1) None (CPC 863) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(d) Architectural services (1) None (1) None (CPC 8671) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments (e) Engineering services (1) None (1) None GATS/SC/1 (CPC 8672) (2) None (2) None 44 (3) None (3) None Page 10 (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(f) Integrated engineering services (1) None (1) None (CPC 8673) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(g) Urban planning and landscape (1) None (1) None architecture services (2) None (2) None (CPC 8674) (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(h) Medical and dental services (1) None (1) None (CPC 9312) (2) None (2) None (3) None, except: professional (3) None, except foreign service qualification requirements suppliers must speak Ukrainian according with Ukrainian legislation (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(i) Veterinary services (1) None (1) None (CPC 932) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(j) Private Services provided by (1) Unbound (1) Unbound Midwives, Nurses, Physiotherapists (2) None (2) None and Paramedical Personnel (3) None, except: professional (3) None, except foreigner service (part of CPC 93191) qualification requirements suppliers must speak Ukrainian according with Ukrainian legislation (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments 2. Computer and Related Services (a) Consultancy services related to the (1) None (1) None GATS/SC/1 installation of computer hardware (2) None (2) None 44 (CPC 841) (3) None (3) None Page 11 (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(b) Software implementation services (1) None (1) None (CPC 842) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(c) Data processing services (1) None (1) None (CPC 843) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(d) Data base services (1) None (1) None (CPC 844) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(f) Other computer services:
- Maintenance and repair (1) None (1) None services of office machinery (2) None (2) None and equipment including (3) None (3) None computers (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the (CPC 845) horizontal section horizontal section
- Data preparation services (1) None (1) None (CPC 849) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
3. Research and Development Services
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments (a) R&D services on natural science (1) None (1) None GATS/SC/1 (CPC 851) (2) None (2) None 44 (3) None (3) None Page 12 (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(b) R&D services on social science and (1) None (1) None humanities (2) None (2) None (CPC 852) (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(c) Interdisciplinary R&D services (1) None (1) None (CPC 853) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
4. Real Estate Services - Real estate services (1) None (1) None (CPC 821-822) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
5. Rental/Leasing Services without Operators (e) Other
- Rental or leasing (other than (1) None (1) None financial) services (2) None (2) None (CPC 831-832) (3) None (3) None - Including Rental or leasing of (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the studio recording equipment horizontal section horizontal section (CPC 83109)** 6. Other Business Services
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments (a) Advertising services (1) None (1) None (CPC 871) (2) None (2) None GATS/SC/1 (3) None (3) None 44 (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the Page 13 horizontal section horizontal section
(b) Market research and public opinion (1) None (1) None polling services (2) None (2) None (CPC 864) (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(c) Management consulting service (1) None (1) None (CPC 865) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(d) Services related to management (1) None (1) None consulting (2) None (2) None (CPC 866) (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(e) Technical testing and analysis (1) None (1) None services, including ships survey (2) None (2) None services (3) None (3) None (CPC 8676) (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(f) Services incidental to agriculture, (1) None (1) None hunting and forestry (except fire (2) None (2) None fighting, timber evaluation, forest (3) None (3) None management including forest (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the damage assessment services) horizontal section horizontal section (part of CPC 881)
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments - Consultancy services on fire (1) None (1) None GATS/SC/1 fighting, timber evaluation, forest (2) None (2) None 44 management including forest (3) None (3) None Page 14 damage assessment services (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the (part of CPC 881) horizontal section horizontal section
(g) Services incidental to fishing (1) None (1) None (CPC 882) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(h) Services incidental to mining (1) None (1) None (CPC 883+5115) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(i) Services incidental to manufacturing (1) None (1) None (part of CPC 884 + part of (2) None (2) None CPC 885) (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(j) Services incidental to energy (1) None (1) None distribution (2) None (2) None (CPC 887) (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(k) Placement and supply services of (1) None (1) None Personnel (2) None (2) None (CPC 872) (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments (m) Related scientific and technical (1) None (1) None consulting services (2) None (2) None GATS/SC/1 (CPC 8675) (3) None (3) None 44 (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the Page 15 horizontal section horizontal section
(n) Maintenance and repair of (1) None (1) None equipment (not including maritime (2) None (2) None vessels, aircraft or other (3) None (3) None transportation equipment) (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the (CPC 6112, 6122, 633+8861-8866) horizontal section horizontal section
- Including Automotive Maintenance and Repair Services (CPC 8867) (o) Building-cleaning services (1) None (1) None (CPC 874) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(p) Photographic services (except for (1) Unbound* (1) Unbound* aerial photography) (2) None (2) None (CPC 875) (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(q) Packaging services (1) None (1) None (CPC 876) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(r) Printing, publishing (1) None (1) None (CPC 88442) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments (s) Convention services (1) None (1) None GATS/SC/1 (CPC 87909)* (2) None (2) None 44 (3) None (3) None Page 16 (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(t) Other (1) None (1) None (2) None (2) None - Translation and interpretation (3) None (3) None services (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the (CPC 87905) horizontal section horizontal section
- Specialty design services (1) None (1) None (CPC 87907) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
II. COMMUNICATION SERVICES 1. and 2. Postal and Courier Services (including express delivery services)1 Services relating to the handling2 of items (1) (2) (3) Licensing systems may be (1) (2) (3) None in accordance with the following list of established for sub-sectors (і) to (iv), for sub-sectors, whether for domestic or which a general Universal Service foreign destinations. For the purpose of Obligations exists. These licenses may the following commitments, written be subject to particular universal service communication excludes simple letters obligations and/or financial contribution weighing less than 50 grams and to a compensation fund. None for sub- postcards. sectors (v) to (viii) (і) Handling of addressed written (4) Unbound except as indicated in the (4) Unbound except as indicated in the communication on any kind of horizontal section horizontal section physical medium3, including:
- Hybrid mail service - Direct mail
(іі) Handling of addressed parcels and packages4 1 The commitment on postal and courier services and express delivery services applies to commercial operators of all forms of ownership, both private and state. 2 "Handling" should be taken to include clearance, sorting, transport and delivery. 3 E.g. letter, postcards.
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments (ііі) Handling of addressed press products5 GATS/SC/1 (iv) Handling of items referred to in (і) 44 to (ііі) above as registered or Page 17 insured mail (v) Express delivery services6 for items referred to in (і) to (ііі) above (vі) Handling of non-addressed items (vіі) Document exchange7 (viіі)Other services not elsewhere specified 3. Telecommunication services
The following general conditions apply:
Commitments undertaken by Ukraine are based on the principles of compilation of schedules covered by the following documents: "Notes for Scheduling Basic Telecom Services Commitments" (S/GBT/W/2/Rev.1) and "Market Access Limitations on Spectrum Availability" (S/GBT/W/3) Basic Telecommunications Services: (a) Voice telephone services (1) None (1) None The attached Reference Paper on (CPC7521) (2) None (2) None regulatory principles is incorporated as (3) None (3) None additional commitments by Ukraine (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(b) Packet-switched data transmission (1) None (1) None services (2) None (2) None (CPC7523**) (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
4 Books and catalogues are included in this subsector. 5 Magazines, newspapers and periodicals. 6 Express delivery services are defined as the collection, transport, and delivery of documents, printed matter, parcels, goods or other items on an expedited basis, while tracking and maintaining control of these items throughout the supply of the service. 7 Provision of means, including the supply of ad hoc premises as well as transportation by a third party, allowing self-delivery by mutual exchange of postal items between users subscribing to this service. Postal item refers to items handled by any type of commercial operator, whether public or private.
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments (c) Circuit-switched data transmission (1) None (1) None GATS/SC/1 services (2) None (2) None 44 (CPC7523**) (3) None (3) None Page 18 (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(d) Telex services (1) None (1) None (CPC7523**) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(e) Telegraph services (1) None (1) None (CPC7522) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(f) Facsimile services (1) None (1) None (CPC 7521**+7529**) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(g) Private leased circuit services (1) None (1) None (CPC 7522**+7523**) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(o) Other (1) None (1) None - Mobile voice and data services (2) None (2) None (CPC 75213) (3) None (3) None - Paging services (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the (CPC 75291) horizontal section horizontal section. - Teleconferencing services (CPC 75292) - Integrated telecommunication services, excluding broadcasting8 (CPC 7526)
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments Value-added Telecommunications Services (h) Electronic mail (1) None (1) None GATS/SC/1 (CPC 7523**) (2) None (2) None 44 (3) None (3) None Page 19 (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section.
(i) Voice mail (1) None (1) None (CPC 7523**) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(j) On-line information and database (1) None (1) None retrieval (2) None (2) None (CPC 7523**) (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(k) Electronic data interchange (EDI) (1) None (1) None (CPC 7523**) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(l) Value-added facsimile services, (1) None (1) None including store and forward, store (2) None (2) None and retrieve (3) None (3) None (CPC 7523**) (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(m) Code and protocol conversion (1) None (1) None (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
8 Broadcasting is defined as the uninterrupted chain of transmission required for the distribution of TV and radio programme signals to the general public, but does not cover contribution links between operators.
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments (n) On-line information services and/or (1) None (1) None GATS/SC/1 data processing (including (2) None (2) None 44 transaction processing) (3) None (3) None Page 20 (CPC 843**) (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
III. CONSTRUCTION AND RELATED ENGINEERING SERVICES - Pre-erection work at construction (1) None (1) None sites (2) None (2) None (CPC 511) (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(a) General construction work for (1) None (1) None buildings (2) None (2) None (CPC 512) (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(b) Construction work for civil (1) None (1) None engineering, including dredging (2) None (2) None services (3) None (3) None (CPC 513) (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(c) Assembly, erection of prefabricated (1) None (1) None constructions and installation work (2) None (2) None (CPC 514+516) (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(d) Building completion and finishing (1) None (1) None work (2) None (2) None (CPC 517) (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments (e) Other (1) None (1) None (2) None (2) None GATS/SC/1 - Special construction work (3) None (3) None 44 (CPC515) (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the Page 21 horizontal section horizontal section
- Renting services related to (1) None (1) None equipment for construction or (2) None (2) None demolition of buildings or civil (3) None (3) None engineering works, with operator (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the (CPC 518) horizontal section horizontal section
IV. DISTRIBUTION SERVICES (a) Commission agents' services (1) None (1) None (CPC 621, 6111, 6113, 6121) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(b) Wholesale trade services (1) None (1) None (CPC 6121, 61111, 6113, 622 (2) None (2) None (except CPC 62262)) (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
- Wholesale trade services of books, (1) None (1) None newspapers, magazines (except (2) None (2) None stationary) (3) None, except foreign participation is (3) None (CPC 62262) limited to 30% for five years after the date of accession. Thereafter, none (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(c) Retailing services (1) None (1) None (CPC 631+632+6111+6113 + (2) None (2) None 6121+613, including audio and (3) None (3) None video records and tapes СРС 63234) (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments (d) Franchising (1) None (1) None GATS/SC/1 (CPC 8929) (2) None (2) None 44 (3) None (3) None Page 22 (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
V. EDUCATIONAL SERVICES (a) Primary education services (1) None (1) None (CPC 921) (2) None (2) None (3) None, except in line with Ukrainian (3) None legislation, only a citizen of Ukraine may be the head of an educational institution, notwithstanding the type of ownership (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(b) Secondary education services (1) None (1) None (CPC 922) (2) None (2) None (3) None, except in line with Ukrainian (3) None legislation, only a citizen of Ukraine may be the head of an educational institution, notwithstanding the type of ownership (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(c) Higher education services (1) None (1) None (CPC 923) (2) None (2) None (3) None, except in line with Ukrainian (3) None legislation, only a citizen of Ukraine may be the head of a higher education institution of all accreditation levels, notwithstanding the type of ownership (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments (d) Adult education services (1) None (1) None (CPC 924) (2) None (2) None GATS/SC/1 (3) None (3) None 44 (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the Page 23 horizontal section horizontal section
(e) Other education services (1) None (1) None (CPC 929) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
VI. ENVIRONMENTAL SERVICES (a) Sewage services (1) None (1) None (CPC 9401) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(b) Refuse disposal services (1) None (1) None (CPC 9402) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(c) Sanitation and similar services (1) None (1) None (CPC 9403) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(d) Other (1) None (1) None (2) None (2) None - Cleaning services of exhaust gases (3) None (3) None (CPC 9404) (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments - Noise abatement services (1) None (1) None GATS/SC/1 (CPC 9405) (2) None (2) None 44 (3) None (3) None Page 24 (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
- Nature and landscape protection (1) None (1) None services (2) None (2) None (CPC 9406) (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
- Other environmental protection (1) None (1) None services (2) None (2) None (CPC 9409) (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
VII. FINANCIAL SERVICES 1. All insurance services and insurance-related services
Foreign insurance companies may provide insurance services via branches only 5 years following Ukraine's accession to the WTO. (i) Direct insurance (including co- (1) Unbound, except none for: (1) Unbound, except as indicated in the insurance): - insurance of risks relating to market access column maritime shipping and commercial (A)Life insurance services aviation and space launching and (B) Non-life insurance services freight (including satellites), with (including marine and such insurance to cover any or all of aviation insurance) the following: the goods being transported, the vehicle transporting (ii) Reinsurance and retrocession the goods and any liability arising services therefrom; (iv) Services auxiliary to insurance, such - reinsurance; as consultancy, actuarial, risk - services auxiliary to insurance assessment and claims settlement (2) None (2) None services (3) None (3) None (4) Unbound except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments (iii) Insurance intermediation, such as (1) Unbound, except none for: (1) Unbound, except as indicated in the brokerage and agency - insurance of risks relating to market access column GATS/SC/1 maritime shipping and commercial 44 aviation and space launching and Page 25 freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods and any liability arising therefrom; - reinsurance; After 5 years from the date of accession: none
(2) None (2) None (3) None (3) None (4) Unbound except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
2. Banking and other financial services (excluding insurance) (v) Acceptance of deposits and other (1) None (1) None repayable funds from the public (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(vi) Lending of all types, including (1) None (1) None consumer credit, mortgage credit, (2) None (2) None factoring and financing of (3) None (3) None commercial transactions (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(vii) Financial leasing (1) None (1) None (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments (viii)All payment and money (1) None (1) None GATS/SC/1 transmission services, including (2) None (2) None 44 credit, charge and debit cards, (3) None (3) None Page 26 travellers cheques and bankers (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the drafts horizontal section horizontal section
(ix) Guarantees and commitments (1) None (1) None (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(x) Trading for own account or for account of customers, whether on an exchange, in an over-the-counter market or otherwise, the following: - (A) money market instruments (1) None (1) None (including cheques, bills, (2) None (2) None certificates of deposits) (3) None (3) None (4) Unbound, except as indicated in (4) Unbound, except as indicated in horizontal section horizontal section
- (B) foreign exchange (1) None (1) None (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in (4) Unbound, except as indicated in horizontal section horizontal section
- (C) derivative products, including, (1) Unbound (1) None but not limited to, futures and (2) None (2) None options (3) None (3) None (4) Unbound, except as indicated in (4) Unbound, except as indicated in horizontal section horizontal section
- (D) exchange rate and interest rate (1) Unbound (1) None. instruments, including (2) None (2) None. products such as swaps, (3) None (3) None. forward rate agreements (4) Unbound, except as indicated in (4) Unbound, except as indicated in the horizontal section horizontal section
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments - (E) transferable securities (1) None (1) None (2) None (2) None GATS/SC/1 (3) None (3) None 44 (4) Unbound, except as indicated in (4) Unbound, except as indicated in the Page 27 horizontal section horizontal section
- (F) other negotiable instruments, (1) None (1) None including bullion (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in (4) Unbound, except as indicated in the horizontal section horizontal section
(xi) Participation in issues of all kinds of (1) None (1) None securities, including underwriting (2) None (2) None and placement as agent (whether (3) Only legal persons engaged (3) None publicly or privately) and provision exclusively in issuance of securities, of services related to such issues and banks (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(xii) Money broking (1) None (1) None (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(xiii)Asset management, such as cash or (1) None (1) None portfolio management, all forms of (2) None (2) None collective investment management, (3) None (3) None pension fund management, custodial (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the depository and trust services horizontal section horizontal section
(xiv) Settlement and clearing services for (1) None (1) None financial assets, including securities, (2) None (2) None derivative products, and other (3) None (3) None negotiable instruments (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments (xv) Provision and transfer of financial (1) None (1) None GATS/SC/1 information, financial data (2) None (2) None 44 processing and related software by (3) None (3) None Page 28 suppliers of other financial services (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(xvi) Advisory, intermediation and other (1) None (1) None auxiliary financial services on all (2) None (2) None the activities, listed in paragraphs (3) None (3) None (v)-(xv), including credit reference (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the and analysis, investment and horizontal section horizontal section portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy VIII. HEALTH RELATED AND SOCIAL SERVICES (a) Hospital services, including (1) Unbound (1) Unbound Hospital Management Services (2) None (2) None (CPC 9311) (3) None, except for the following: (3) None, except as under market professional qualification access requirements according with Ukrainian legislation (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section. Foreigners must speak Ukrainian
(b) Other human health services (1) Unbound (1) Unbound (CPC 9319 (except 93191)) (2) None (2) None (3) None, except for the following: (3) None, except as under market professional qualification access requirements according with Ukrainian legislation (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section. Foreigners must speak Ukrainian
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments (c) Social services (1) None (1) None (CPC 933**) (2) None (2) None GATS/SC/1 (3) None (3) None 44 (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the Page 29 horizontal section horizontal section
IX. TOURISM AND TRAVEL RELATED SERVICES (a) Hotels and restaurants (including (1) None (1) None catering), including Hotel (2) None (2) None Management Services (3) None (3) None (CPC 641-643) (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(b) Travel agencies and tour operators (1) None (1) None services (2) None (2) None (CPC 7471) (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(c) Tourist guides services (1) None (1) None (CPC 7472) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
X. RECREATIONAL, CULTURAL AND SPORTING SERVICES (a) Entertainment services (including (1) Unbound (1) None theatre, live bands and circus (2) None (2) None services) (3) None (3) None (CPC 9619) excluding cinema (4) Unbound, except as indicated in (4) Unbound, except as indicated in the theatre operation services and dance the horizontal section horizontal section instructor services other than dance sport - Cinema theatre operation services (1) Unbound (1) Unbound (CPC 96199**) (2) None (2) Unbound (3) None (3) None, except for access to subsidies: unbound (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments - Dance instructor services, except (1) Unbound (1) Unbound GATS/SC/1 dance sport (2) None (2) None 44 (CPC 96195**) (3) None (3) None Page 30 (4) Unbound, except as indicated in the (4) Unbound, except as indicated in horizontal section the horizontal section
(b) News agency services (1) None (1) None (CPC 962) (2) None (2) None (3) Foreign investment is limited to (3) None 35% (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(c) Libraries, archives, museums and (1) Unbound (1) Unbound other cultural services (2) None (2) Unbound (CPC 963) (3) None (3) Unbound (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(d) Sporting services (CPC 9641) and (1) None (1) None other recreational services (2) None (2) None (CPC 9649) excluding gambling (3) None (3) None and betting services (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
XI. TRANSPORT SERVICES 1. MARITIME TRANSPORT SERVICES - International Transport (freight and (1) (a) Liner Shipping: none (1) (a) None The following services at the port are passengers) (b) Bulk, tramp, and other (b) None made available to international maritime (CPC 7211 and 7212 less cabotage international shipping, including transport suppliers on reasonable and non transport) passenger transportation; none discriminatory terms and conditions
(2) None (2) None 1. Pilotage (3) (a) Establishment of registered (3) (a) None 2. Towing and tug assistance company for the purpose of 3. Provisioning, fuelling and watering operating a fleet under the 4. Garbage collecting and ballast waste national flag of the State of disposal establishment: none 5. Port Captain's services (b) Other forms of commercial (b) None 6. Navigation aids presence for the supply of 7. Shore-based operational services
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments international maritime transport essential to ship operations, services: none including communications, water GATS/SC/1 and electrical supplies 44 (4) (a) Ships' crews: unbound (4) (a) Unbound, except as indicated in 8. Emergency repair facilities Page 31 the horizontal section 9. Anchorage, berth and berthing (b) Key personnel employed in (b) Unbound, except as indicated in services relation to a commercial the horizontal section presence as defined under mode 3b) above: Unbound, except as indicated in the horizontal section
- Maritime Cargo Handling Services (1) Unbound (1) Unbound (CPC 741) (2) None (2) None - Storage and warehousing Services (3) None9 (3) None (CPC 742) (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the - Customs Clearance Services for horizontal section horizontal section Maritime Transport Services - Container Station and Depot Services
- Maritime Agency Services (1) None (1) None - (Maritime) Freight Forwarding (2) None (2) None Services (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
2. Internal waterways transport (a) Passenger transportation and freight (1) Unbound* (1) Unbound* transportation (excluding cabotage) (2) None (2) None (CPC 7221 + CPC 7222) (3) Unbound (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in horizontal section the horizontal section
9 Public utility concession or licensing procedures may apply in case of occupation of the public domain.
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments (b) Rental services of vessels with crew (1) None (1) None GATS/SC/1 (CPC7213) (2) None (2) None 44 (3) None (3) None Page 32 (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(d) Maintenance and repair of vessels (1) None (1) None (CPC 8868**) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(e) Pushing and towing services (1) None (1) None (CPC7224) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(f) Supporting services for internal (1) None (1) None water transport (2) None (2) None (CPC 745) (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
3. Air Transport Services (a) Aircraft repair and maintenance (1) None (1) None services (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(b) Sales and marketing of air transport (1) None (1) None services (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments (c) Computer Reservation System (1) Unbound (1) Unbound (CRS) (2) None (2) None GATS/SC/1 (3) Unbound (3) Unbound 44 (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the Page 33 horizontal section horizontal section
5. Rail Transport Services (a), (b) Passenger and freight (1) Unbound (1) None transportation (2) None (2) None (CPC 7111+7112) (3) Unbound (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
Off line: (1) None (1) None (2) None (2) None (d) Maintenance and repair of railway (3) None. (3) None transportation equipment (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the (CPC 8868**) horizontal section horizontal section
(e) Supporting services for railway (1) None (1) None transportation services (2) None (2) None (CPC 743) (3) None (3) None. (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
6. Road Transport Services (a) Passenger transportation (1) Unbound (1) None (CPC 7121+7122) (2) None (2) None (3) None on condition of the (3) None registration as a legal entity (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(b) Freight transportation (1) Unbound (1) None (CPC 7123) (2) None (2) None (3) None on condition of the (3) None registration as a legal entity (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments (c) Rental of commercial vehicles with (1) None (1) None GATS/SC/1 operator (2) None (2) None 44 (CPC 7124) (3) None (3) None Page 34 (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(d) Maintenance and repair of road (1) None (1) None transport equipment (2) None (2) None (CPC 6112+8867) (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(e) Supporting services for road (1) None (1) None transport services (2) None (2) None (CPC 744) (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
7. Pipeline Transport (a) Transportation of fuels (1) None (1) None Ukraine commits itself to provide full (CPC 7131) (2) None (2) None transparency in the formulation, adoption (3) None (3) None and application of measures affecting (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the access to and trade in services of pipeline horizontal section horizontal section transportation. Ukraine undertakes to ensure adherence (b) Transportation of other goods (1) None (1) None to the principles of non-discriminatory (CPC 7139) (2) None (2) None treatment in access to and use of pipeline (3) None (3) None networks under its jurisdiction, within the (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the technical capacities of these networks, horizontal section horizontal section with regard to the origin, destination or ownership of product transported, without imposing any unjustified delays, restrictions or charges, as well as without discriminatory pricing based on the differences in origin, destination or ownership.
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments 8. Services auxiliary to all modes of transport (a) Cargo handling services (1) Unbound* (1) Unbound* GATS/SC/1 (CPC741) (2) None (2) None 44 (3) None (3) None Page 35 (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(b) Storage and warehouse services (1) Unbound* (1) Unbound* (CPC 742) (2) None (2) None (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(c) Freight transport agency services (1) None (1) None (CPC 748) (2) None (2) None (3) None (3) None. (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
(d) Other (1) Unbound* (1) Unbound* - Freight Inspection (2) None (2) None (Part of CPC 749) (3) None. (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
XII. Other Services not elsewhere specified - Beauty and Physical Well-Being (1) Unbound* (1) Unbound* Services (2) None (2) None - Massage Services excluding (3) None (3) None Therapeutic Massage (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the (part of CPC Ver. 1.0: 97230)10 horizontal section horizontal section
- Spa Services (1) Unbound* (1) Unbound* (part of CPC Ver. 1.0: 97230)10, (2) None (2) None including Spa Management Services (3) None (3) None (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
10 This subclass does not include medical treatment services, cf. 931.
Modes of supply: (1) Cross-Border supply (2) Consumption abroad (3) Commercial Presence (4) Presence of natural persons Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments - Hairdressing and other beauty (1) Unbound* (1) Unbound* GATS/SC/1 services (2) None (2) None 44 (CPC 9702) (3) None (3) None Page 36 (4) Unbound, except as indicated in the (4) Unbound, except as indicated in the horizontal section horizontal section
GATS/SC/144 Page 37
NOTE TO THE SCHEDULE
Where road, rail, inland waterways and related auxiliary services are not otherwise fully covered in this schedule, a multimodal transport operator shall have the ability to rent or lease trucks, railway carriages or barges, and related equipment, for the purpose of inland forwarding of cargoes, or have access to, and use of, these forms of multimodal activities on reasonable and non-discriminatory terms and conditions for the purpose of carrying out multimodal transport operations. "Reasonable and non- discriminatory terms and conditions" means, for the purpose of multimodal transport operations the ability of the multimodal transport operator to arrange for the conveyance of its merchandise on a timely basis, including priority over other merchandise which has entered the port at a later date.
DEFINITIONS OF MARITIME AUXILIARY SERVICES
1. Without prejudice to the scope of activities which may be considered as "cabotage" under the relevant national legislation, this schedule does not include "maritime cabotage services", which are assumed to cover transportation of passengers or goods between a port located in Ukraine and another port located in Ukraine and traffic originating and terminating in the same port located in Ukraine provided that this traffic remains within Ukraine's territorial waters.
2. "Other forms of commercial presence for the supply of international maritime transport services" means the ability for international maritime transport service suppliers of other Members to undertake locally all activities which are necessary for the supply to their customers of a partially or fully integrated transport service, within which the maritime transport constitutes a substantial element. (This commitment shall however not be construed as limiting in any manner the commitments undertaken under the cross-border mode of delivery).
These activities include, but are not limited to:
(a) marketing and sales of maritime transport and related services through direct contact with customers, from quotation to invoicing, these services being those operated or offered by the service supplier itself or by service suppliers with which the service seller has established standing business arrangements; (b) the acquisition, on their own account or on behalf of their customers (and the resale to their customers) of any transport and related services, including inward transport services by any mode, particularly inland waterways, road and rail, necessary for the supply of the integrated services; (c) the preparation of documentation concerning transport documents, customs documents, or other documents related to the origin and character of the goods transported; (d) the provision of business information by any means, including computerised information systems and electronic data interchange (subject to the provisions of the annex on telecommunications); (e) the setting up of any business arrangements (including participation in the stock of a company) and the appointment of personnel recruited locally (or, in the case of foreign personnel, subject to the horizontal commitment on movement of personnel) with any locally established shipping agency; and
GATS/SC/144 Page 38
(f) acting on behalf of the companies, organising the call of the ship or taking over cargoes when required.
3. "Multimodal transport operator" means the person on whose behalf the bill of lading/multimodal transport document, or any other document evidencing a contract of multimodal carriage of goods, is issued and who is responsible for the carriage of goods pursuant to the contract of carriage.
4. "Maritime cargo handing services" means activities exercised by stevedore companies, including terminal operators, but not including the direct activities of dockers, when this workforce is organised independently of the stevedoring or terminal operator companies. The activities covered include the organisation and supervision of :
- the loading/discharging of cargo to/from a ship; - the lashing/unlashing of cargo; and - the reception/delivery and safekeeping of cargoes before shipment or after discharge.
5. "Customs clearance services" (alternatively "customs house brokers' services") means activities consisting in carrying out on behalf of another party customs formalities concerning import, export or through transport of cargoes, whether this service is the main activity of the service provider or a usual complement of its main activity.
6. "Container station and depot services" means activities consisting in storing containers, whether in port areas or inland, with a view to their stuffing/stripping, repairing and making them available for shipments.
7. "Maritime agency services" means activities consisting in representing, within a given geographic area, as an agent the business interests of one or more shipping lines or shipping companies, for the following purposes:
- marketing and sales of maritime transport and related services, from quotation to invoicing, and issuance of bills of lading on behalf of the companies, acquisition and resale of the necessary related services, preparation of documentation, and provision of business information; and - acting on behalf of the companies organising the call of the ship or taking over cargoes when required.
8. "Freight forwarding services" means (the activity consisting of organising and monitoring shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information).
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REFERENCE PAPER
Scope
The following are definitions and principles on the regulatory framework for the basic telecommunications services.
Definitions
Users mean service consumers and service suppliers.
Essential facilities mean facilities of a public telecommunications transport network or service that
(a) are exclusively or predominantly provided by a single or limited number of suppliers; and (b) cannot feasibly be economically or technically substituted in order to provide a service.
A major supplier is a supplier which has the ability to materially affect the terms of participation (having regard to price and supply) in the relevant market for basic telecommunications services as a result of:
(a) control over essential facilities; or (b) use of its position in the market.
1. Competitive safeguards
1.1 Prevention of anti-competitive practices in telecommunications
Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone or together, are a major supplier from engaging in or continuing anti-competitive practices.
1.2 Safeguards
The anti-competitive practices referred to above shall include in particular:
(a) engaging in anti-competitive cross-subsidization; (b) using information obtained from competitors with anti-competitive results; and (c) not making available to other services suppliers on a timely basis technical information about essential facilities and commercially relevant information which are necessary for them to provide services.
2. Interconnection
2.1 This section applies to linking with suppliers providing public telecommunications transport networks or services in order to allow the users of one supplier to communicate with users of another supplier and to access services provided by another supplier, where specific commitments are undertaken.
2.2 Interconnection to be ensured
Interconnection with a major supplier will be ensured at any technically feasible point in the network. Such interconnection is provided.
(a) under non-discriminatory terms, conditions (including technical standards and specifications) and rates and of a quality no less favourable than that provided for its
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own like services or for like services of non-affiliated service suppliers or for its subsidiaries or other affiliates; (b) in a timely fashion, on terms, conditions (including technical standards and specifications) and cost-oriented rates that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the supplier need not pay for network components or facilities that it does not require for the service to be provided; and (c) upon request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities.
2.3 Public availability of the procedures for interconnection negotiations
The procedures applicable for interconnection to a major supplier will be made publicly available.
2.4 Transparency of interconnection arrangements
It is ensured that a major supplier will make publicly available either its interconnection agreements or a reference interconnection offer.
2.5 Interconnection: dispute settlement
A service supplier requesting interconnection with a major supplier will have recourse, either:
(a) at any time; or (b) after a reasonable period of time which has been made publicly known
to an independent domestic body, which may be a regulatory body as referred to in paragraph 5 below, to resolve disputes regarding appropriate terms, conditions and rates for interconnection within a reasonable period of time, to the extent that these have not been established previously.
3. Universal service
Any Member has the right to define the kind of universal service obligation it wishes to maintain. Such obligations will not be regarded as anti-competitive per se, provided they are administered in a transparent, non-discriminatory and competitively neutral manner and are not more burdensome than necessary for the kind of universal service defined by the Member.
4. Public availability of licensing criteria
Where a licence is required, the following will be made publicly available:
(a) all the licensing criteria and the period of time normally required to reach a decision concerning an application for a licence; and (b) the terms and conditions of individual licences.
The reasons for the denial of a licence will be made known to the applicant upon request.
5. Independent regulators
The regulatory body is separate from, and not accountable to, any supplier of basic telecommunications services. The decisions of and the procedures used by regulators shall be impartial with respect to all market participants.
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6. Allocation and use of scarce resources
Any procedures for the allocation and use of scarce resources, including frequencies, numbers and rights of way, will be carried out in an objective, timely, transparent and non-discriminatory manner. The current state of allocated frequency bands will be made publicly available, but detailed identification of frequencies allocated for specific government uses is not required.
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