Australia - United Arab Emirates CEPA (2024)
A. Professional Services
b. Accounting, auditing and book- keeping services (CPC 8621 & 8622)
B. Computer and Related Services
a. Consultancy services related to the installation of computer hardware (CPC 841)
b. Software implementation services (CPC 842)
c. Data processing services (CPC 843)
d. Data base services (CPC 844)
e. Maintenance and repair services of office machinery and equipment including computers (CPC 845)
f. Other computer services (CPC 849)
C. Research and Development 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)
F. Other Business Services
c. Management consulting services (CPC 8650)
d. Services related to Management Consulting (CPC 8660)
e. Technical testing and analysis services (CPC 8676)
i. Services incidental to manufacturing (CPC 884+885, except for 88442)
7. Environmental Services
A. Sewage services (CPC 9401)
B. Refuse disposal services (CPC 9402)
C. Sanitation and similar services (CPC 9403)
8. Health Services
A. Hospital Services (CPC 9311)
Annex 9-D. SCHEDULE OF SPECIFIC COMMITMENTS – SCHEDULE OF UAE
INTRODUCTORY NOTE:
1. This document sets out the United Arab Emirates (UAE)’s Schedule of Specific Commitments under the Trade in Services chapter of the UAE-Australia Comprehensive Economic Partnership Agreement (CEPA). This introductory note should be regarded as forming an integral part of the UAE’s schedule.
2. The request has been prepared based on the Services Sectoral Classification List in document MTN.GNS/W/120. References to CPC codes refer to the CPC codes as used in 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) and are meant to define the scope of the commitments, unless otherwise stated.
Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Persons
| Sector or Subsector | Limitations on Market Access | Limitations on National Treatment | Additional comments |
| I. HORIZONTAL COMMITMENTS | |||
| ALL SECTORS AND SUB- SECTORS OF SERVICES INCLUDED IN THIS SCHEDULE (1) | 3) Commercial presence will be through either: (i) a representative office or a branch with no limitations on the participation of foreign capital (foreign ownership of 100% is granted); or (ii) an incorporation as a company with maximum foreign equity as set out in the specific sectors below, which shall take any of the legal forms as allowed under UAE law. For some specific sectors and sub-sectors, commercial presence may be conditioned on benefits in the form of technology transfer, Research & Development programmes, technical assistance, and educational and training of local human resources. (iii) Free zones: 100% foreign ownership is permitted in Free Zones as set out in the specific sub-sectors below. 4) Unbound, except for measures concerning the entry and temporary stay of business persons in the categories and subject to the conditions and limitations set out in the UAE’s Schedule in Annex 10A (Schedule of Commitments on Entry and Temporary Stay of Business Persons) under Chapter 10 (Entry and Temporary Stay for Business Persons). | 3) Acquisition of land and real estate is not permitted to foreigners or to companies in which foreign nationals have a shareholding. However, foreign companies authorized to carry on their activities in UAE may own land and real estate only to the extent necessary to conduct their activities as allowed and in accordance with laws and regulations governing ownership of real estate at the Federal and Emirate levels. (i) Government subsidized services may only be extended to UAE nationals. (ii) Foreign nationals or companies with foreign share holdings may be required to pay direct taxes on income derived from work or operations in the UAE, whereas local services suppliers or local UAE companies may not be required to pay similar taxes keeping in view the provisions of Article XIV, Paragraph (d) of GATS. 4) Unbound, except for measures concerning the entry and temporary stay of business persons in the categories and subject to the conditions and limitations set out in the UAE’s Schedule in Annex 10A (Schedule of Commitments on Entry and Temporary Stay of Business Persons) under Chapter 10 (Entry and Temporary Stay for Business Persons). |
(1) The UAE will not offer any commitments under the Energy Resources sectors or any services related to the Energy Resources Sectors as defined in the Side Letter on Energy, which forms an integral part of this agreement. Therefore, this offer does not include any commitments under the aforementioned services.
| II. SECTOR SPECIFIC COMMITMENTS | |||
| 1. BUSINESS SERVICES | |||
| A. Professional Services a. Legal Services (CPC 861) Consultancy on the law of jurisdiction where the services supplier is qualified as a lawyer and on international law (Part of CPC 861) | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. | 1) None. 2) None. 3) Non-UAE lawyers cannot plead in UAE courts, or act before official bodies, or perform notarial functions. 4) Unbound except as indicated in the horizontal section. | |
| b. Accounting, auditing and book- keeping services (CPC 8621 & 8622) | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. | |
| c. Taxation Services (CPC 8630) Only the following sub-sectors: - Business tax planning and consulting (CPC 86301) - Business tax preparation and review services (CPC 86302) | 1) None. 2) None. 3) Foreign equity is limited to 75%. 4) Unbound except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. | |
| 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) | 1) None. 2) None. 3) Foreign equity is limited to 75%. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. | |
| h. Medical and dental services (CPC 9312) | 1) None. 2) None. 3) Foreign equity is limited to 70%. Participation of foreign equity is allowed up to 100% in Dubai Health Care City. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. | |
| i. Veterinary services (CPC 93201) | 1) None. 2) None. 3) Foreign equity is limited to 75%. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. | |
| j. Services provided by midwives, nurses, physiotherapists, and paramedical personnel (CPC 93191) | 1) Unbound. 2) Unbound. 3) Foreign equity participation is limited to 49% and subject to the approval of the competent UAE authorities. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. | |
| B. Computer and Related Services. a. Consultancy services related to the installation of computer hardware (CPC 841) b. Software implementation services (CPC 842) c. Data processing services (CPC 843) d. Data base services (CPC 844) e. Maintenance and repair services of office machinery and equipment including computers (CPC 845) f. Other computer services (CPC 849) | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. | |
| C. Research and Development 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. 4) Unbound except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. | |
| E. Rental and Leasing Services without Operators (excluding rental and leasing services relating to cars). a. Relating to ships (CPC 83103) b. Relating to other transport equipment (CPC 83101 + 83102 + 83105) c. Relating to other machinery and equipment (CPC 83106 – 83109) | 1) None. 2) None. 3) Foreign equity is limited to 70%. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. | |
| F. Other Business Services. a. Advertising services (CPC 871) | 1) None. 2) None. 3) Foreign equity is limited to 70%. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. | |
| b. Market research and public opinion polling services (CPC 864) | 1) None. 2) None. 3) Foreign equity is limited to 70%. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. | |
| c. Management consulting services (CPC 8650) d. Services related to Management Consulting (CPC 8660) e. Technical testing and analysis services (CPC 8676) | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. | |
| i. Services incidental to manufacturing (CPC 884+885, except for 88442) | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. | |
| m. Related to scientific and technical consulting services (CPC 8675) | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. | |
| 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. 4) Unbound except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. | |
| o. Building-Cleaning Services (CPC 874) | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. | |
| p. Photographic Services (CPC 8750) | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. | |
| q. Packaging Services (CPC 8760) | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. | |
| r. Printing and publishing services (CPC 88442) | 1) None. 2) None. 3) Foreign equity is limited up to 70%. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. | |
| s. Convention services (CPC 87909)∗ | 1) None. 2) None. 3) Foreign equity is limited up to 70%. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. | |
| t. Other (CPC 8790) | 1) None. 2) None. 3) Foreign equity is limited to 75%. For CPC 87905: None. 4) Unbound. | 1) None. 2) None. 3) None. 4) Unbound. |
(1) The (*) indicates that the service specified is a component of a more aggregated CPC item specified elsewhere in this classification list.
| 2. COMMUNICATION SERVICES | |||
| A. Postal Services (CPC 7511) Only handling of documents, letter posts, and parcels | 1) None. 2) None. 3) Foreign equity is limited to 49%. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. | |
| B. Courier Services (CPC 7512) | 1) None. 2) None. 3) Foreign equity is limited to 49%. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section. |
C. Telecommunication Services:
HORIZONTAL COMMITMENTS:
• The commitments taken are based on the scheduling principles provided by the following WTO 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).
• This Schedule on basic telecommunication does not include any broadcasting services according to the UAE telecommunication and the TDRA regulatory framework on different issues including but not limited to the spectrum license (2)
(2) Broadcasting services” is defined as a radio communication service in which the transmissions are intended for direct reception by the general public, including sound transmissions, television transmissions or other types of transmissions. In the Telecommunications Law of the UAE, broadcasting is not part of basic telecommunication services.
| 3) Any network installed in UAE must be operated by a company registered in UAE, the foreign equity of which shall be limited to 49%. | |||
| a. Voice telephone services (CPC 7521) b. Packet-switched data transmission services (CPC 7523**) c. Circuit-switched data transmission services (CPC 7523**) d. Telex services (CPC 7523**) e. Telegraph services (CPC 7522**) f. Facsimile services (CPC 7521** + 7529**) g. Private leased circuit services (CPC 7522** + 7523**) h. Electronic mail (CPC 7523**) i. Voice mail (CPC 7523**) j. On-line information and database retrieval (CPC 7523**) k. Electronic data interchange (EDI)(CPC 7523) l. Enhanced/value-added facsimile services, incl. store and forward, store and retrieve (CPC 7523**) m. Code and protocol conversion (n.a.) | 1) Only companies with commercial presence may provide telecom services. 2) Residents are allowed to purchase telecom services in the territory of Australia according to the regulatory framework in the UAE and in the territory of Australia. 3) Duopoly. The TDRA will consider the feasibility of suppliers additional to the duopoly. The commercial presence is required and subject to 49% foreign equity limitation. 4) Unbound, except as indicated in the horizontal section. | 1) None, except as indicated in the market access column. 2) None, except as indicated in the market access column. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| D. Audiovisual Services (excluding broadcasting): a. Motion picture and video tape production and distribution services (CPC 9611) b. Motion picture projection services (CPC 9612) c. Sound recording (CPC Ver. 2 9611) d. Audiovisual post production services (CPC Ver. 2 9613) | 1) Subject to obtaining licenses and approvals from the competent UAE authorities. 2) None. 3) Foreign equity is limited to 49% and subject to obtaining licenses and approvals from competent UAE media authorities. 4) Unbound, except as indicated in the horizontal section. | 1) Subject to obtaining licenses and approvals from the competent UAE authorities. 2) None. 3) Unbound. 4) Unbound, except as indicated in the horizontal section. | |
| 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) 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) (i) Foreign equity is limited to 70%. (ii) Large scale infrastructure projects such as airports, highways and sports facilities and projects that exceed 450 million US dollars, foreign equity is allowed up to 100%. For further clarity, foreign companies established pursuant to this paragraph (ii) will not be allowed to participate in any project that is below 450 million US dollars. 4) Unbound, except as indicated in the horizontal section. | 1) Unbound. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. |
4. DISTRIBUTION SERVICES
Distribution Services do not include unmanufactured tobacco, tobacco, tobacco products, alcoholic beverages, pharmaceutical and medical goods, and any goods covered by an agency contract registered with the UAE Ministry of Economy in accordance with Law No. 3 of 2022 on commercial agencies and its successor legislation.
| B. Wholesale Trade Services (CPC 622) | 1) None. 2) None. 3) Foreign equity is limited to 49%. After 3 years, foreign equity is allowed up to 75%.4) Unbound, except as indicated in the horizontal section. | 1) Unbound. 2) Unbound. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| C. Retailing Services • Food Retailing Services (CPC 631) • Non-food Retailing Services (CPC 632) | 1) None. 2) None. 3) Foreign equity is limited to 49%. After 3 years, foreign equity is allowed up to 75%. 4) Unbound, except as indicated in the horizontal section. | 1) Unbound. 2) Unbound. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| • Sales of motor vehicles (CPC 6111) • Sales of parts and accessories of motor vehicles (CPC 6113) • Sales of motorcycles and snowmobiles and related parts and accessories (CPC 6121) | 1) Unbound. 2) Unbound. 3) Foreign equity is limited to 49%. After 3 years, foreign equity is allowed up to 75%. 4) Unbound, except as indicated in the horizontal section. | 1) Unbound. 2) Unbound. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| D. Franchising (CPC 8929) | 1) None. 2) None. 3) Foreign equity is limited to 49%. After 3 years, foreign equity is allowed up to 75%. 4) Unbound, except as indicated in the horizontal section. | 1) Unbound. 2) Unbound. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| 5. EDUCATIONAL SERVICES | |||
| B. Secondary Education Services (CPC 922) C. Higher Education Services (CPC 923) D. Adult Education (CPC 924) E. Other Education Services: Excluding public education | 1) None. 2) None. 3) None, except natural persons of Australia may be required to obtain authorization from competent authorities to establish and direct an education institution and to teach; this may also be subject to the condition of suitability of school facilities and ensuring high quality level of education. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| 6. ENVIRONMENTAL SERVICES | |||
| A. Sewage services (CPC 9401) B. Refuse disposal services (CPC 9402) C. Sanitation and similar services (CPC 9403) | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| D. Other • Cleaning services for exhaust gases (CPC 94040) | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| • Treatment, remediation of contaminated/polluted soil and water (part of CPC 94060) | 1) Unbound. 2) Unbound. 3) None. 4) Unbound, except as indicated in the horizontal section. | 1) Unbound. 2) Unbound. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| • Noise abatement services (CPC 9405) • Nature and landscape protection services (CPC 9406) • Other environmental protection services (CPC 9409) | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. |
7. FINANCIAL SERVICES
Horizontal Commitments:
Commercial presence is allowed up to 100% foreign equity in Dubai International Financial Centre (DIFC) for the following activities: banking services (investment banking, corporate banking, and private banking); capital markets (equity, debt instruments, derivatives and commodity trading); asset management and fund registration; insurance and re-insurance; Islamic finance; business processing operations and ancillary services.
A. Insurance and insurance-related services
Horizontal Commitments:
General conditions:
• The absence of any limitation on the ability of a service consumer in UAE to purchase the service in the territory of Australia does not signify a commitment to allow a non-resident service supplier to solicit business or to conduct active marketing in the territory of the UAE.
• Commercial presence is subject to the provisions regarding the licensing and registration of foreign companies as contained in the UAE pertinent laws.
• Within the context of paragraph 2 (a) of the WTO Annex on Financial Services, the UAE shall not be prevented from taking measures for prudential reasons such as minimum capital requirement; minimum operating funds requirement and approval for business activities.
| (i) Direct insurance (including co- insurance): | |||
| (a) Life - Life and health insurance services (CPC 81211 and CPC 81212) • Excluding pension fund management | 1) Commercial presence is required. 2) Unbound. 3) Transparent Economic Needs Test (ENT) shall apply to the commercial presence for branches of the new foreign insurance companies as well as new branches of the existing foreign insurance companies. This ENT shall be based on criteria such as the provision of new insurance services, increase of local demand and the conformance with international standards. • Foreign equity is limited to 25% of the capital of UAE life and non-life insurance companies. 4) Unbound, except as indicated in the horizontal section. | 1) Commercial presence is required. 2) Unbound. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| (b) Non- life insurance services (CPC 8129) • Including accidents insurance services | 1) Commercial presence is required for all non-life insurance services except marine and aviation insurance. None for marine and aviation insurance. 2) Unbound for all non-life insurance services except marine shipping and commercial aviation insurance. None for marine and aviation insurance. 3) - Transparent Economic Needs Test (ENT) shall apply to the commercial presence for branches of the new foreign insurance companies as well as new branches of the existing foreign insurance companies. This ENT shall be based on criteria such as the provision of new insurance services, increase of local demand and the conformance with international standards. - The establishment of joint ventures with UAE life and non- life insurance companies is not allowed. 4) Unbound, except as indicated in the horizontal section. | 1) Commercial presence is required for all non-life insurance services except marine and aviation insurance. None for marine and aviation insurance. 2) Unbound for all non-life insurance services except marine shipping and commercial aviation insurance. None for marine and aviation insurance. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| (ii) Reinsurance & retrocession. Other insurance services n.e.c. (CPC 81299) | 1) None. 2) None. 3) Foreign equity is limited to 49%. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| (iii) Insurance intermediation, such as brokerage and agency services. Only brokers dealing with direct insurance3 (CPC 8140**) | 1) Commercial presence is required, except for marine shipping and commercial aviation insurance and re- insurance intermediation services. None for marine shipping and commercial aviation insurance and reinsurance intermediation services. 2) Commercial presence is required. 3) Foreign equity is limited to 49%. 4) Unbound, except as indicated in the horizontal section. | 1) None, except as indicated in the market access column. 2) None, except as indicated in the market access column. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| (iv) Insurance consultancy (CPC 81402) | 1) None. 2) None. 3) Foreign equity is limited to 49%. 4) Unbound, except as indicated in the horizontal section | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| Actuarial services (CPC 81404) | 1) None, except that the foreign service supplier must be registered at the UAE Ministry of Economy. (The registration requirement does not prevent the foreign supplier from providing services from the territory of its country into the territory of the UAE). 2) None. 3) Foreign equity is limited to 49%. 4) Unbound, except as indicated in the horizontal section. | 1) None, expect as indicated in the market access column. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| Loss Adjustment, risk assessment and claim settlement services (CPC 81403) | 1) Commercial presence is required. 2) Commercial presence is required. 3) Foreign equity is limited to 49%. 4) Unbound, except as indicated in the horizontal section. | 1) Commercial presence is required. 2) Commercial presence is required. 3) None. 4) Unbound, except as indicated in the horizontal section. |
(3) For greater certainty “Direct Insurance” means: Life and health services (CPC 81211 and CPC 81212) (excluding pension fund management.) and Non- life insurance services (including accident insurance (CPC 8129).
** Indicates that the service specified constitutes only a part of the total range of activities covered by the CPC concordance.
| B. Banking and other financial services (excluding insurances) | |||
| (v) Acceptance of deposits and other repayable funds from the public | 1) None. 2) None. 3) (i) No limitation for establishment of representative offices; (ii) Unbound for new licenses for operating bank branches; (iii) Unbound for the expansion of activities of existing financial entities. (iv) Foreign equity is limited to 49%. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| (vi) Lending of all types, including consumer credit, mortgage credit, factoring and financing of commercial transaction | 1) None. 2) None. 3) (i) No limitation for establishment of representative offices; (ii) Unbound for new licenses for operating bank branches; (iii) Unbound for the expansion of activities of existing financial entities; (iv) Foreign equity is limited to 49%. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None.4) Unbound, except as indicated in the horizontal section. | |
| (vii) Financial leasing | 1) None. 2) None. 3) (i) No limitation for establishment of representative offices; (ii) Unbound for new licenses for operating bank branches; (iii) Unbound for the expansion of activities of existing financial entities; (iv) Foreign equity is limited to 49%. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| (viii) All payment and money transmission services, including credit, charge and debit cards, travellers cheques and bankers drafts | 1) None. 2) None. 3) (i) No limitation for establishment of representative offices; (ii) Unbound for new licenses for operating bank branches; (iii) Unbound for the expansion of activities of existing financial entities; (iv) Foreign equity is limited to 49% 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| (ix) Guarantees and commitments | 1) None. 2) None. 3) (i) No limitation for establishment of representative offices; (ii) Unbound for new licenses for operating bank branches; (iii) Unbound for the expansion of activities of existing financial entities; (iv) Foreign equity is limited to 49%. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the 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 (including cheques, bills, certificates of deposits); B. foreign exchange; C. derivative products including, but not limited to, futures and options; D. exchange rate and interest rate instruments, including products such as swaps, forward rate agreements; E. transferable securities; F. other negotiable instruments and financial assets, including bullion | 1) None. 2) None. 3) (i) No limitation for establishment of representative offices; (ii) Unbound for new licenses for operating bank branches; (iii) Unbound for the expansion of activities of existing financial entities; (iv) Foreign equity is limited to 49%. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| (xi) Participation in issues of all kinds of securities, including under- writing and placement as agent (whether publicly or privately) and provision of services related to such issues | 1) None. 2) None. 3) (i) No limitation for establishment of representative offices; (ii) Unbound for new licenses for operating bank branches; (iii) Unbound for the expansion of activities of existing financial entities; (iv) Foreign equity is limited to 49%. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| (xii) Money broking | 1) None. 2) None. 3) (i) No limitation for establishment of representative offices; (ii) Unbound for new licenses for operating bank branches; (iii) Unbound for the expansion of activities of existing financial entities; (iv) Foreign equity is limited to 49%. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| (xiii) Asset management, (only cash or portfolio management, all forms of collective investment schemes and management) | 1) None. 2) None. 3) (i) No limitation for establishment of representative offices; (ii) Unbound for new licenses for operating bank branches; (iii) Unbound for the expansion of activities of existing financial entities; (iv) Foreign equity is limited to 49%. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| (xiv) Provision and transfer of financial information, and financial data processing and related software. | 1) None. 2) None.3) (i) No limitation for establishment of representative offices; (ii) Unbound for new licenses for operating bank branches;(iii) Unbound for the expansion of activities of existing financial entities; (iv) Foreign equity is limited to 49%. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None.3) None. 4) Unbound, except as indicated in the horizontal section. | |
| (xv) Advisory and other auxiliary financial services on all the activities listed in sub- paragraphs (v) through (xv), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy | 1) None. 2) None. 3) (i) No limitation for establishment of representative offices; (ii) Unbound for new licences for operating bank branches; (iii) Unbound for the expansion of activities of existing financial entities; (iv) Foreign equity is limited to 49%. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| 8. HEALTH AND RELATED SOCIAL SERVICES (other than those listed under 1.A.h- i.) | |||
| A. Hospital Services (CPC 9311) | 1) None. 2) None. 3) - 100% is allowed for foreign equity, subject to the authorization by the competent authorities, which would be based on the economic need tests taking in to consideration the number of hospital, medical and health centres in a given region. - Participation of foreign equity is allowed up to 100% in Dubai Health Care City. An economic needs test will not be required. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| B. Other Human Health Services (CPC 9319, except CPC 93191) | 1) None. 2) None. 3) 100% is allowed for foreign equity, subject to the authorization by the competent authorities, which would be based on the economic need tests taking in to consideration the number of hospital, medical and health centres in a given region. Participation of foreign equity is allowed up to 100% in Dubai Health Care City. An economic needs test will not be required. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| 9. TOURISM AND TRAVEL RELATED SERVICES | |||
| A. Hotels and restaurants (including catering) (CPC 64110, 64120 & 642, 643) | 1) None. 2) None. 3) - Hotels: foreign equity is limited to 49%. For hotel management, foreign equity is limited to 70%. - Restaurants: foreign equity is limited to 70%. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| B. Travel agencies and tour operators services (CPC 7471) Excluding Umra and Hajj services and related services (i.e. Islamic pilgrimages services and related services) | 1) None. 2) None. 3) Unbound. 4) Unbound. | 1) None. 2) None. 3) Unbound. 4) Unbound. | |
| C. Tourist guides services (CPC 74720) Excluding Umra and Hajj services and related services (i.e. Islamic pilgrimages services and related services) | 1) None. 2) None. 3) Foreign equity is limited to 49%. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| 10. RECREATIONAL CULTURAL AND SPORTING SERVICES (other than audiovisual services) | |||
| A. Entertainment Services (including theatre, live bands and circus services) (CPC 9619) Only for theatre, live bands and circus services | 1) None. 2) None. 3) Foreign equity is limited to 75%. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| B. News Agency Services (CPC 962 - Only in Dubai Media City) | 1) Unbound. 2) Unbound. 3) None. 4) Unbound. | 1) Unbound. 2) Unbound. 3) Unbound. 4) Unbound. | |
| D. Sporting and Other Recreational Services (Only CPC 96491- only parks and public gardens services) | 1) Unbound. 2) Unbound. 3) Foreign equity is limited to 75%. 4) Unbound, except as indicated in the horizontal section. | 1) Unbound. 2) Unbound. 3) None.4) Unbound, except as indicated in the horizontal section. | |
| E. Game Services including Online Game Services (under CPC 964** excluding 96492) | 1) Commercial presence is required. Subject to obtaining licenses and approvals from the competent UAE authorities.2) None. 3) Foreign equity is limited to 49% and subject to obtaining licenses and approvals from competent UAE authorities. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| F. Library Services (CPC 96311) | 1) None. 2) None. 3) Unbound. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) Unbound. 4) Unbound, except as indicated in the horizontal section. | |
| 11. TRANSPORT SERVICES | |||
| A. Maritime Transport Services | |||
| International Transport. freight and passengers (CPC 7211 and 7212, less cabotage transport services) Including the following: • Maintenance and repair of vessels | 1) None. 2) None. 3) - Freight: Foreign equity is limited to 49%.- Passengers: Foreign equity is limited to 70%. - Maintenance and repair of vessels: None. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | The following services at the port are made available to international maritime transport suppliers on non- discriminatory terms and conditions: • Pilotage • Towing and tug assistance • Provisioning, fueling and watering • Garbage collecting and ballast waste disposal • Port Capitan’s services • Navigation aid services • Shore based operational services essential to ship operations including communications, water and electrical supplies • Emergency repair facilities• Anchorage, berth and berthing services |
| Maritime Auxiliary Services: • Maritime cargo handling services (4) • Storage andwarehousing services (CPC742) • Container station and depot services (5)• Maritime agency services (6) • Maritime freight forwarding services (7) | 1) None. 2) None. 3) Foreign equity is limited to 49%. (8) 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None.3) None. 4) Unbound, except as indicated in the horizontal section. | The following services at the port are made available to international maritime transport suppliers on non- discriminatory terms and conditions: • Pilotage • Towing and tug assistance • Provisioning, fueling and watering • Garbage collecting and ballast waste disposal • Port Capitan’s services • Navigation aid services • Shore based operational services essential to ship operations including communications, water and electrical supplies • Emergency repair facilities• Anchorage, berth and berthing services |
(4) “maritime cargo handling 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; the reception/delivery and safekeeping of cargos before shipment or after discharge.
(5) “Container station and depot services, means activities consisting in storing containers, weather in port areas or inland, with a view to their stuffing/stripping, repairing and making them available for shipments.”
(6) “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 resale of the necessary related services, preparation of documentation, and provision of business information; - acting on behalf of the companies organizing the call of the ship or taking over cargoes when required.”
(7) “Freight forwarding services” means the activity consisting of organizing and monitoring shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information.”
(8) Operations and functions maybe subject to specific services obligations set out by operators with concession from public authorities.
| C. Air Transport Services | |||
| d. Maintenance and repair of aircraft and parts thereof | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| Computer Reservation Systems | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| Ground Handling Services (only the services that is supplied at an airport, on a fee or contract basis, of the following: representation; Passenger services, Load control and communication, Ramp, Cargo and mail, Aircraft line maintenance, fuel and oil, Flight Operations, Transportation, Catering Services, Supervision and Administration, Aircraft private security service and audit). | 1) Unbound. 2) None. 3) Unbound except ground handling services can be provided by a foreign service supplier through tendering if it obtains authorization from the relevant government authority in each Emirate along with the General Civil Aviation Authority to provide such services. Criteria for authorizations may include the juridical form of the company, ownership and composition of the board of directors and management team, and economic need. Catering services can only be provided by ground handling companies operating within the airport, companies with a catering services license, and domestic airline operators. Foreign airline operators cannot provide catering services unless they qualify to participate in a tendering process administered by the relevant UAE authorities. 4) The majority of persons authorized for the administration and representation of a ground handing company must be UAE nationals. Otherwise, unbound except as indicated in the horizontal section. | 1) Unbound. 2) None. 3) Unbound. 4) The majority of persons authorized for the administration and representation of a ground handing company must be UAE nationals. Otherwise, unbound except as indicated in the horizontal section. | |
| E. Airport Management Services (covers airport infrastructure and operation services, including related consulting services.) | 1) Unbound. 2) None. 3) Unbound except airport management services can be provided by a foreign service supplier through tendering if it obtains authorization from the relevant government authority in each Emirate along with the General Civil Aviation Authority to provide such services. These services can be provided by transferring operational rights by leasing of the state airports or by sub-contracting airport management services. 4) Unbound, except as indicated in the horizontal section. | 1) Unbound. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
| F. Rail Transport Services | |||
| a. Passenger transportation (CPC 7111) b. Freight transportation(CPC 7112) c. Pushing and towing services (CPC 7130) d. Maintenance and repair of rail transport equipment (CPC 8868) e. Supporting services for rail transport services (CPC 743) | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. |
Annex 9E . SCHEDULE OF NON-CONFORMING MEASURES AND RESERVATIONS FOR SERVICES AUSTRALIA
List A .
EXPLANATORY NOTES
1. This List A sets out, pursuant to Article 9.9 (Schedules of Non-Conforming Measures and Reservations – Trade in Services), Australia’s existing measures that are not subject to some or all of the obligations imposed by:
(a) Article 9.4 (National Treatment – Trade in Services);
(b) Article 9.5 (Most-Favoured-Nation Treatment – Trade in Services);
(c) Article 9.6 (Market Access - Trade in Services); or
(d) Article 9.7 (Local Presence - Trade in Services).
2. Each entry in this List A sets out the following elements:
(a) Sector refers to the sector for which the entry is made;
(b) Subsector where referenced, refers to the specific subsector for which the entry is made;
(c) Level of Government indicates the level of government maintaining the listed measures;
(d) Obligations Concerned specifies the obligations referred to in paragraph 1 that, pursuant to Article 9.9 (Schedules of Non-Conforming Measures and Reservations - Trade in Services), do not apply to the listed measures;
(e) Description sets out the non-conforming measure for which the entry is made; and
(f) Source of Measure means the laws, regulations or other measures that are the source of the non-conforming measure for which the entry is made. A measure cited in the Source of Measure element:
(i) means the measure as amended, continued or renewed as at the date of entry into force of this Agreement, and
(ii) includes any subordinate measure adopted or maintained under the authority of, and consistent with, the measure.
3. In accordance with Article 9.9 (Schedules of Non-Conforming Measures and Reservations - Trade in Services), the Articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the non-conforming measure identified in the Description element of that entry.
4. A measure that is reserved against Article 9.7 (Local Presence - Trade in Services) need not be reserved against Article 9.4 (National Treatment - Trade in Services).
5. For greater certainty, the Description element of each of the entries in this List A is to be interpreted in accordance with the relevant cited sources of the non-conforming measures.
6. The UAE’s Schedule in Annex 9D (Schedules of Specific Commitments) or Annex 9E (Schedules of Non-Conforming Measures and Reservations) shall not be used to interpret Australia’s commitments or obligations under Chapter 9 (Trade in Services).
7. Commitments on measures with respect to, or relating to, trade in financial services are undertaken subject to the limitations and conditions set forth in Annex 9A (Financial Services), these Explanatory Notes and this List A.
8. Without prejudice to other means of prudential regulation, Australia reserves the right to require licensing or registration of financial service suppliers and financial instruments.
1. Sector : All Sectors
Subsector : -
Level of Government : Regional
Obligations Concerned : National Treatment
Most-Favoured-Nation Treatment Local Presence
Description : All existing non-conforming measures at the regional level of government.
Source of Measure : All existing non-conforming measures at the regional level of government.
2. Sector : All Sectors
Subsector : -
Level of Government : Central
Obligations Concerned : National Treatment
Description : At least one director of a private company must be ordinarily resident in Australia.
At least two directors of a public company must be ordinarily resident in Australia.
At least one secretary of a private company (if such a private company appoints one or more secretaries) must be ordinarily resident in Australia.
At least one secretary of a public company must be ordinarily resident in Australia.
Source of Measure : Corporations Act 2001 (Cth)
Corporations Regulations 2001 (Cth)
3. Sector : Professional Services
Subsector : -
Level of Government : Central
Obligations Concerned : National Treatment
Most-Favoured-Nation Treatment
Description : In order to register to practise in Australia, patent attorneys must have been employed for at least two continuous years, or a total of two years within five continuous years, in Australia or New Zealand, or in both countries, in a position or positions that provided the applicant with required experience in Australia’s and New Zealand’s patent attorney regime.
Source of Measure : Patents Act 1990 (Cth)
Patent Regulations 1991 (Cth)
4. Sector : Professional Services
Subsector : -
Level of Government : Central
Obligations Concerned : National Treatment
Most-Favoured-Nation Treatment
Description : To practise as a migration agent in Australia a person must be an Australian citizen or permanent resident or a citizen of New Zealand with a special category visa.
Source of Measure : Migration Act 1958 (Cth)
5. Sector : Professional Services
Subsector : -
Level of Government : Central
Obligations Concerned : Local Presence
Description : A person who is not ordinarily resident in Australia may be refused registration as a company auditor or liquidator.
At least one partner in a firm providing auditing services must be a registered company auditor who is ordinarily resident in Australia.
Source of Measure : Corporations Act 2001 (Cth)
6. Sector : Professional Services
Subsector : -
Level of Government : Central
Obligations Concerned : Local Presence
Description : To act as a customs broker in Australia, service suppliers must supply the service in and from Australia.
Source of Measure : Customs Act 1901 (Cth)
7. Sector : Fishing and services incidental to fishing
Subsector : -
Level of Government : Central
Obligations Concerned : National Treatment
Description : Foreign fishing vessels (1) seeking to undertake fishing activity, including any activity in support of or in preparation for any fishing activity or the processing, carrying or transhipment of fish, in the Australian Fishing Zone must be authorised.
Where foreign fishing vessels are authorised they may be subject to a levy (2).
Source of Measure : Fisheries Management Act 1991 (Cth)
Foreign Fishing Licences Levy Act 1991 (Cth)
(1) For the purposes of this entry, a “foreign fishing vessel” is one that does not meet the definition of an Australian boat under the Fisheries Management Act 1991 (Cth), that is, an Australian-flagged boat (not owned by a foreign resident) or a boat owned by an Australian resident or corporation and built, and whose operations are based, in Australia.
(2) The levy charged will be in accordance with the Foreign Fishing Licences Levy Act 1991 (Cth) or any amendments thereto.
8. Sector : Communication Services
Subsector : -
Level of Government : Central