Subsector : -
Obligations Concerned : Market Access
Description : Australia reserves the right to adopt or maintain any measure imposing non-discriminatory limitations on juridical form for juridical persons supplying financial services and constituted under the laws of Australia. For example, partnerships and sole proprietorships are generally not acceptable juridical forms for authorised depository institutions in Australia.(19)
Existing Measures : -
16. Sector : Financial Services
Subsector : -
Obligations Concerned : National Treatment
Description : Australia reserves the right to adopt or maintain any measure with respect to the guarantee by government of government-owned entities whose operations include the provision of financial services, including guarantees related to the privatisation of such entities.
Existing Measures : -
17. Sector : Financial Services
Subsector : -
Obligations Concerned : National Treatment
Market Access
Most-Favoured-Nation Treatment
Description : Australia reserves the right to adopt or maintain any measure regarding solicitation in its territory.
Existing Measures : -
18. Sector : Financial Services
Subsector : Banking and other financial services (excluding insurance and insurance-related services)
Obligations Concerned : National Treatment Market Access
Most-Favoured-Nation Treatment
Description : Except as provided in this entry, Australia reserves the right to adopt or maintain any measure with respect to trade in services as defined in Articles 9.1(y)(i), (y)(ii) and (y)(iv) (Definitions - Trade in Services) for banking and other financial services.
Subject to any limitations set out elsewhere in Australia’s schedule to Part A or Part B, Australia shall permit a financial service supplier of the other Party to supply, via cross-border supply as defined in Article 9.1(y)(i) (Definitions – Trade in Services) and under terms and conditions that accord national treatment, the following services: provision and transfer of financial information and financial data processing as referred to in Article 9A.1(a)(xv) (Definitions - Financial Services) and advisory and other auxiliary services, excluding intermediation, relating to banking and other financial services as referred to in Article 9A.1(a)(xvi) (Definitions - Financial Services).
In relation to the following services Australia shall ensure a financial service supplier of the other Party organised in the territory of that Party, upon obtaining an Australian financial services licence and any other necessary authorisations, or exemptions therefrom, in accordance with prescribed Australian laws and regulations, may undertake:
(a) securities related transactions on a wholesale basis between and among financial institutions and other entities;
(b) the following services to a collective investment scheme (20) located in Australia: (21)
i. investment advice; and
ii. portfolio management services, excluding:
A. trustee services; and
B. custodial services and execution services that are not related to managing a collective investment scheme.
Australia shall permit its residents to purchase in the territory of any other Party the financial services indicated in Article 9A.1(a)(v) to (xvi) (Definitions - Financial Services).
Existing Measures : -
19. Sector : Financial Services
Subsector : Insurance and insurance-related services
Obligations Concerned : National Treatment Market Access
Most-Favoured-Nation Treatment
Description : Except as provided in this entry, Australia reserves the right to adopt or maintain any measure with respect to trade in services as defined in Article 9.1(y)(i), (y)(ii) and (y)(iv) (Definitions - Trade in Services) for insurance and insurance-related services.
Australia shall permit a financial service supplier of the other Party to supply, via cross-border supply as defined in Article 9.1(y)(i) (Definitions - Trade in Services) and under terms and conditions that accord national treatment, whether as a principal, through an intermediary or as an intermediary, the following services:
(a) insurance of risks relating to:
(i) maritime shipping and commercial aviation and space launching and 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; and
(ii) goods in international transit;
(b) reinsurance and retrocession and the services auxiliary to insurance as referred to in Article 9A.1(a)(iv) (Definitions - Financial Services); and
(c) insurance intermediation, such as brokerage and agency as referred to in Article 9A.1(a)(iii) (Definitions - Financial Services).
Australia shall permit its residents to purchase in the territory of the other Party the financial services indicated in subparagraphs (a) to (c) of this entry.
Existing Measures : -
Appendix A . AUSTRALIA’S MARKET ACCESS COMMITMENTS – REGIONAL (STATE AND TERRITORY) LEVEL
For the purposes of this Appendix:
• the 1), 2) and 3) inscribed in the ‘Limitations on Market Access’ column refers to the modes for the supply of a service as defined in Article 9.1(y)(i) to (iii) (Definitions - Trade in Services);
• * means unbound due to lack of technical feasibility;
• ** indicates that the service specified constitutes only a part of the total range of activities covered by the Customs Procedure Code (CPC) concordance.
Unless otherwise stated, all CPC references correspond to the Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991).
Modes of Supply: 1) Cross-border Supply; 2) Consumption abroad 3) Commercial presence
| Sector or Subsector | Limitations on Market Access |
| 1. BUSINESS SERVICES | |
| A. Professional Services | |
| a) Legal services (22) - Legal advisory and representational services in domestic law (host-country law) | (1) None (2) None (3) None |
| - Legal advisory services in foreign law and international law and (in relation to foreign and international law only) legal arbitration and conciliation/mediation services. | (1) None (2) None (3) Natural persons practising foreign law may only join a local law firm as a consultant and may not enter into partnership with or employ local lawyers in South Australia |
| b) Accounting, auditing and bookkeeping services (CPC 862) c) Taxation services (CPC 863) d) Architectural services (CPC 8671) e) Engineering services (CPC 8672) f) Integrated engineering services (CPC 8673) g) Urban planning and landscape architectural services (CPC 8674) h) Dental services (CPC 93123) i) Veterinary services (CPC 932) | (1) None (2) None (3) None |
| B. Computer and Relates Services (CPC 84) (23) | (1) None (2) None (3) None |
| C. Research and Development (R&D) Services | |
| a) R&D Services on Natural Sciences (CPC 851)b) R&D Services on Social Sciences and Humanities (CPC 852)c) Interdisciplinary R&D Services (CPC 853) | (1) None (2) None (3) None |
| D. Real Estate Services | |
| a) Involving own or leased property (CPC 821) b) On a fee or contract basis (CPC 822) | (1) None, required except commercial presence (2) None, required except commercial presence (3) None |
| E. Rental or Leasing Services without Operators | |
| a) Relating to ships (CPC 83103**) (24) b) Relating to aircraft (CPC 83104) c) Relating to other transport equipment (CPC 83101-2, 83105) d) Relating to other machinery and equipment (CPC 83106-9) | (1) None (2) None (3) None |
| F. Other Business Services | |
| a) Advertising services (CPC 87110, 87120**, 87190) (25) b) Market research and public opinion polling services (CPC 864) c) Management consulting services (CPC 865) d) Services related to management consulting (CPC 86601, 86609) (26) e) Technical testing and analysis services (CPC 8676) f) Services incidental to agriculture, hunting and forestry (CPC 8811**, 8812**, 8814**)(27) g) Services incidental to fishing (CPC 882**) (28) h) Services incidental to mining and site preparation work for mining (CPC 883, 5115) i) Services incidental to manufacturing (CPC 884, 885, except 88442) j) Services incidental to energy distribution (CPC 887**)(29) | (1) None (2) None (3) None |
| k) Placement and supply services of personnel (CPC 872) | (1) Unbound (2) None (3) None |
| l) Investigation and security (CPC 873) m) Related scientific and technical consulting services (CPC 8675)n) Maintenance and repair of equipment (not including maritime vessels, aircraft or other transport equipment) (CPC 633, 8861-8866) | (1) None (2) None (3) None |
| o) Building-cleaning services (CPC 874) | (1) Unbound* (2) None (3) None |
| p) Photographic services (CPC 875) s) Convention services (CPC 87909**)(30) t) Other: - Telephone answering services (CPC 87903) - Duplicating services (CPC 87904) - Translation and interpretation services (CPC 87905) - Mailing list compilation and mailing services (CPC 87906) - Interior design (CPC 87907) (21) | (1) None (2) None (3) None |
| 2. COMMUNICATION SERVICES | |
| C. Telecommunications Services. Covers the following subsectors from the Services Sectoral Classification List used by the WTO Secretariat in MTN.GNS/W/120 dated 10 July 1991 and related CPC codes (7521, 7522, 7523, 7529**): | |
| a) Voice telephone services b) Packet-switched data transmission services c) Circuit-switched data transmission services d) Telex services e) Telegraph services f) Facsimile services g) Private leased circuit services h) Other:- Digital Cellular services - Paging services - Personal Communications Services - Trunked Radio System Services - Mobile Data Services i) Electronic mail (CPC 7523**) j) Voice mail (CPC 7523**) k) On-line information and database retrieval (CPC 7523**) l) Electronic data interchange (EDI) (CPC 7523**) m) Enhanced/value-added facsimile services, including store and retrieve (CPC 7523**) n) Code and protocol conversion (CPC 7523**) | (1) None (2) None (3) None |
| 3. CONSTRUCTION AND RELATED ENGINEERING SERVICES | |
| A. General construction work for buildings (CPC 512) B. General construction work for civil engineering (CPC 513) C. Installation and assembly work (CPC 514, 516) D. Building completion and finishing work (CPC 517) E. Other: - Pre-erection work at construction sites (CPC 511 excluding site preparation for mining – CPC 5115) - Special trade construction work (CPC 515) - Renting services related to equipment for construction or demolition of buildings or civil engineering works, with operator (CPC 518) | (1) Unbound* (2) None (3) None |
| 4. DISTRIBUTION SERVICES | |
| A. Commission agents’ services (CPC 62113-62118)(32) B. Wholesale trade services (CPC 6223-6228)(33) | (1) None (2) None (3) None |
| C. Retailing services (CPC 631, 63212, 6322-5, 6329, 61112, 6113, 6121) (34) | (1) Unbound, except for mail order (2) None (3) None |
| D. Franchising (CPC 8929) | (1) None (2) None (3) None |
| 5. EDUCATIONAL SERVICES | |
| B. Secondary education services (CPC 922**)(35) C. Higher education services (CPC 923**)(36) E. Other education services (CPC 929**)(37) | (1) None (2) None (3) None |
| 6. ENVIRONMENTAL SERVICES (38) | |
| A. Wastewater management (CPC 9401) (39) B. Waste management (CPC 9402, 9403) (40) D. Other: - Protection of ambient air and climate (CPC 9404) (41)- Remediation and clean-up of soil and water (CPC 9406**)(42) - Noise and vibration abatement (CPC 9405)(43)- Protection of biodiversity and landscape (CPC 9406**)(44)- Other environmental and ancillary services (CPC 9409) (45) | (1) None (2) None (3) None |
| 8. HEALTH RELATED AND SOCIAL SERVICES | |
| A. Hospital services - Private hospital services (CPC 93110**) (46) | (1) Unbound* (2) None (3) None, except that measures in the form of economic needs tests, limitations on the number of services operations and types of legal entity may apply |
| B. Other human health services - Other human health services (CPC 93199**) (47) | (1) Unbound (2) None (3) None |
| 9. TOURISM AND TRAVEL RELATED SERVICES | |
| A. Hotels and restaurants (CPC 641,642, 643) | (1) Unbound* (2) None (3) None |
| B. Travel agencies and tour operator services (CPC 7471) | (1) None, except commercial presence required (2) None (3) None |
| C. Tourist guide services (CPC 7472) | (1) None (2) None (3) None |
| 10. RECREATIONAL, CULTURAL AND SPORTING SERVICES | |
| B. News agency services (CPC 962) D. Sporting and other recreational services - Sporting services (CPC 9641) - Other recreational services (CPC 96491 and 96499) (48) | (1) None (2) None (3) None |
| 11. TRANSPORT SERVICES | |
| A. Maritime transport services | |
| International transport (freight and passengers) (CPC 7211 and 7212) (49) | (1) Liner Shipping, Bulk, tramp and other international shipping, including international passenger transportation: None (2) None (3) a) Establishment of registered company for the purpose of operating a fleet under the national flag of Australia: None b) Other forms of commercial presence for the supply of international maritime transport services (as defined in Note on Maritime Transport Services): None |
| Maritime auxiliary services | |
| - International rental of vessels with crew (50) (as defined in Note on Maritime Transport Services) | (1) None (2) None (3) None |
| - Maritime cargo handling services (as described in Note on Maritime Transport Services) | (1) Unbound* (2) None (3) None, except licences or concessions are granted by port authorities. Public utility concession or licensing procedures may apply in the case of the occupation of the public domain for the conduct of these activities. |
| - Storage and warehousing services (CPC 742) | (1) Unbound* (2) None (3) None |
| - Maritime freight forwarding services (as defined in Note on Maritime Transport Services) | (1) None (2) None (3) None |
| - Customs clearance services (as described in Note on Maritime Transport Services) | (1) Unbound* (2) None (3) None |
| - Pre-shipment inspection (as defined in Note on Maritime Transport Services) - Maritime agency services (as described in Note on Maritime Transport Services) | (1) None (2) None (3) None |
| C. Air Transport Services | |
| a) Aircraft repair and maintenance services (CPC 8868**) (51) | (1) Unbound* (2) None (3) None |
| - Ground handling services (52) | (1) Unbound* (2) None (3) None |
| - Airport operation services (53) | (1) Unbound* (2) None (3) None |
| - Selling and marketing of air transport services (54) | (1) None, except: a) Commercial presence required for services covered by travel agencies and tour operator services (CPC 7471) Retailing services (CPC 631, 63212, 6322-6325, 6329, 61112, 6113, 6121) are unbound except for mail order (2) None (3) None |
| - Computer reservation systems (CPC 7523**) (55) | (1) None (2) None (3) None |
| E. Rail Transport Services | |
| b) Freight transportation (CPC 7112); c) Pushing and towing services (CPC 7113); and d) Supporting services for rail transport services (CPC743). | (1) None (2) None (3) Below track: most rail-track networks in Australia are government-owned although much is leased to private operators. There are no restrictions on the right to establish new networks but access to public land may not be guaranteed. Above track (rail transport services (such as trains) that operate over the rail-track infrastructure): none except that access to rail infrastructure is allocated under pro- competitive principles for safety, efficiency and the long term interests of users. |
| F. Road Transport Services | |
| a) Passenger transportation (CPC 71213, 71214, 7122) (56) | (1) Unbound (2) None (3) None |
| b) Freight transportation (CPC 7123) c) Rental of commercial vehicles with operator (CPC 7124) | (1) None (2) None (3) None |
| G. Pipeline Transport Services | |
| a) Transportation of fuels (CPC 7131) b) Transportation of other goods (CPC 7139) | (1) None (2) None (3) None |
| H. Services auxiliary to all modes of transport | |
| a) Cargo-handling services in relation to rail, road and air transport only (CPC 741**) (57)b) Storage and warehouse services (CPC 742 excluding maritime) (58) | (1) Unbound* (2) None (3) None |
| c) Freight transport agency services (CPC 748 excluding maritime) (59) d) Other supporting and auxiliary transport services (CPC 749 excluding maritime) (60) | (1) None (2) None (3) None |
NOTE ON MARITIME TRANSPORT SERVICES
Definitions
1. Multimodal Transport Operator: the person on whose behalf the bill of lading/multimodal 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.
2. Other Forms of Commercial Presence for the Supply of International Maritime Transport Services: for the purposes of this Appendix, means the ability for international maritime transport service suppliers of the UAE 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 not be construed as limiting in any manner the commitments undertaken under the cross-border mode of delivery.
These activities include:
- 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;
- 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 service;
- the preparation of documentation concerning transport documents, customs documents, or other documents related to the origin and character of the goods transported;
- 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 of GATS);
- 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 Australia’s commitments listed in Annex 10A (Schedule of Specific Commitments on the Entry and Temporary Stay Business Persons)) with any locally established shipping agency; and
- acting on behalf of the companies, organising the call of the ship or taking over cargoes when required.
3. International Rental of Vessels with Crew: rental or leasing services of all types of sea-going vessels with crew (such as tankers, bulk dry cargo vessels, cargo and freight vessels) for the purpose of international trade.
4. Maritime Cargo Handling Services: 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 of terminal operator companies. The activities covered include the organisation and supervision of: the loading or discharging of cargo to or from a ship; the lashing or unlashing of cargo; and, the reception or delivery and safekeeping of cargoes in the wharf area before shipment or after discharge.
The organisation and supervision includes the arrangements for (1) engaging skilled labour (dockers), (2) using all the necessary equipment for on-board or shore use and the appropriate storage space, whether by ownership, rental or otherwise, (3) the checking of parcels and markings, the weighing and measuring of cargo (upon request of the owner), and (4) the administrative duties as well as the responsibility related to the services.
Container terminal operators can furthermore be appointed for stuffing/stripping containers and e.g. the survey and supply of electricity to containers.
5. Maritime Freight Forwarding Services: the organisation and monitoring of shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information.
6. Customs Clearance Services: activities consisting in carrying out on behalf of the other Party customs formalities concerning import, export or through- transport of cargoes, whether this is the main activity of the service provider or a usual complement of its main activity.
7. Pre-shipment Inspection: all services performed on a fee or contract basis involved in the verification of the quality, quantity, price (including currency exchange rate and financial terms), or the customs classification of goods to be exported. Does not include customs or quarantine inspection.
8. Maritime Agency Services: activities consisting in representing, within a given geographic area, as an agent, the business interests of one or more shipping line or shipping companies, for the following purposes:
9. - 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.
List C . ADDITIONAL COMMITMENTS – CHAPTER 9 (TRADE IN SERVICES) AUSTRALIA
This List C sets out, pursuant to Article 9.10 (Additional Commitments – Trade in Services), Australia’s additional commitments with respect to measures affecting trade in services, not subject to scheduling under Article 9.4 (National Treatment – Trade in Services), Article 9.6 (Market Access – Trade in Services), Article 9.5 (Most-Favoured Nation Treatment – Trade in Services) or Article 9.7 (Local Presence – Trade in Services).
Description of additional commitment
Sector: Maritime Transport Services
Services at Australian ports are made available to international maritime transport suppliers on reasonable and non-discriminatory terms and conditions. The following is an indicative, but not exhaustive, list of services at Australian ports: pilotage, towing and tug assistance; provisioning, fuelling and watering; garbage collection and ballast waste disposal; port captain's services; navigation aids; shore-based operational services essential to ship operations, including communications, water and electrical supplies; emergency repair facilities; anchorage, berth and berthing services.
Where road, rail and related auxiliary services are not fully covered in Appendix A (Australia’s Market Access Commitments – Regional (State and Territory) Level) of List B, a multimodal transport operator shall have the ability, on reasonable and non- discriminatory terms and conditions, to rent, hire or charter trucks, railway carriages, ships and related equipment for the purpose of onward forwarding of international cargoes carried by sea, or have access to and use of these forms of transport services for the purpose of providing multimodal transport services.
Chapter 10. ENTRY AND TEMPORARY STAY FOR BUSINESS PERSONS
Article 10.1. Definitions
For the purposes of this Chapter:
business person means a natural person of a Party as defined in Article 1.2 (General Definitions – Initial Provisions and General Definitions) who is engaged in conduct as specified under any of the categories listed in that Party’s Annex 10A (Schedules of Specific Commitments on Entry and Temporary Stay for Business Persons);
entry and temporary stay means entry into the territory of a Party by a business person of the other Party who does not intend to establish permanent residence;
entry and temporary stay formality means a visa, permit, pass or other document or electronic authority granting entry and temporary stay; and
entry and temporary stay measure means any measure affecting the entry and stay of foreign nationals.
Article 10.2. Scope
1. This Chapter applies to measures that affect the entry and temporary stay of business persons of a Party into the territory of the other Party, under any of the categories specified in that Party’s Annex 10A (Schedules of Specific Commitments on Entry and Temporary Stay for Business Persons).
2. This Chapter does not apply to measures affecting natural persons seeking access to the employment market of the other Party, nor does it apply to measures regarding citizenship, nationality, residence, or employment on a permanent basis.
3. Nothing in this Agreement shall prevent a Party from applying measures to regulate the entry of natural persons of the other Party into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across its borders, provided that those measures are not applied in a manner as to nullify or impair the benefits accruing to the other Party under this Chapter.
4. The sole fact that a Party requires business persons of the other Party to obtain an entry and temporary stay formality shall not be regarded as nullifying or impairing the benefits accruing to the other Party under this Chapter.
Article 10.3. Application Procedures
1. Where an application for an entry and temporary stay formality is required by a Party, that Party shall process, as expeditiously as possible, complete applications for entry and temporary stay formalities or extensions thereof received from business persons of the other Party covered by Article 10.2 (Scope).
2. Each Party shall, on request and within a reasonable period after a complete application by a business person of the other Party covered by this Chapter requesting entry and temporary stay is lodged, notify the applicant, either directly or through their authorised representative, of:
(a) receipt of the application;
(b) the status of the application; and
(c) if the application is approved, the period of stay and other conditions.
3. Each Party shall ensure that fees charged by its competent authorities for the processing of an application for an entry and temporary stay formality are reasonable, in that they do not nullify or impair the benefits accruing to the other Party under this Chapter.