Trade in Services Negotiations

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Table 4.3

Logistics Services: Issues in the Development of Negotiating Positions (continued)

Measures affecting the movement of natural persons (Mode 4)

1. 2. 3. 4. 5. 6. 7.

Are there limitations on the number of persons that a logistics firm may transfer as intracorporate transferees? Are there limitations on the number of persons delinked from Mode 3, such as transport laborers, drivers, or freight handlers? Are there specific (educational, qualification, licensing) requirements for providers of logistics services? Are there prior experience or postqualification experience requirements attached to the granting of visas or work permits? How are entry permits and work permits obtained? Are there time limitations on the presence of foreign providers of services (for example, duration of stay)? Is the entry of foreign providers of services subject to economic needs tests?

Measures relating to domestic regulations

1. Is there an adequate legal framework that is supportive of trade in logistics services and that recognizes the legal effects and validity of electronic data messages and transactions? 2. Do provisions in domestic law protect service providers from corruption, theft, and accidents? 3. Are there any qualification or licensing requirements or procedures or technical standards that affect (the trade in) logistics services?

Issues relating to technical and security standards, professional qualifications, and so on

1. 2. 3. 4. 5.

Universal access

1. 2. 3. 4. 5.

Are technical, industry, and security standards being implemented? Are these standards transparent and nondiscriminatory? Is there an independent body monitoring the implementation of these standards? Is there widespread data security in the country? What conditions must foreign providers of services fulfill to meet the requirements of the mutual recognition agreements to which the host country is a party? 6. Do foreign providers of services need to be locally established to be eligible for participation in mutual recognition agreements? Which universal service regulations apply? May the government impose obligations on service providers concerning the development of logistics service infrastructure? What measures or mechanisms are in place for the achievement of public service obligations? Are these measures objective and transparent? Are foreign suppliers of services subject to different conditions relative to domestic suppliers in terms of public service obligations?


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