Services: rules for growth and investment
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The GATSThe General Agreement on Trade in Services - or the GATS - is the first
ever set of multilateral, legally enforceable rules which cover international
trade in services. It was negotiated in the Uruguay Round. It operates on three
levels. First there is the main text which contains the general principles and
obligations. Then there are annexes dealing with rules for specific sectors. Finally,
the commitments to provide access to the markets of individual countries form
part of the Agreement.

Principles and obligationsThe general principles and obligations of the GATS are very similar to
those for trade in goods: examples include most-favoured nation treatment and
national treatment as well as transparency obligations and commitments to the
development of developing countries. Market access commitments — like tariff
schedules under the GATT — are an integral part of the agreement.

What does the GATS cover? The scope of the GATS agreement is particularly broad. It covers all
measures affecting internationally-traded services. In fact, it was important
in practical terms for negotiators to define what was meant by the term
"trade" in services. The definition which was finally adopted is
particularly wide in scope.

Modes of deliveryThe negotiators decided that trade in services was far more than that which
crossed the border - as is the case in trading goods. In the GATS,
"trade" includes all the different ways of providing an international
service. GATS defines four such methods of providing an international service –
these are called modes of delivery.
First, there are services supplied from one country to another - such as international
telephone calls. In the jargon of the agreement, this is known as the "cross-
border supply" of a service.
Second, the situation of consumers or firms making use of a service in
another country - such as tourism- is known as "consumption abroad".
Third, a foreign company may set up subsidiaries or branches to provide
services in another country - such as foreign banks operating in a foreign
country. This is known as a "commercial presence".
And finally, individuals travelling from their own country to supply
services in another country - such as fashion models or consultants travelling
abroad to work are referred to as the "presence of natural persons".

Services sectors and GATS The result of adopting this far reaching definition of trade in services
was that a vast area of commercial activity is covered by the GATS. We only
have to think of the "modes of delivery" that exist in the financial
services sector which includes banking, security trading and insurance, or the telecommunications
services sector or the professional services sector or tourism - just to
mention a few services sectors.

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