Sector or Sub-sector | Limitations on Market Access | Limitations on National Treatment | Additional Commitments |
(b) commencement of business operations or acquisition of an existing business by non- government sources, including business assets, in New Zealand, where the total expenditures to be incurred in setting up or acquiring that business or those assets exceed NZ$200 million; (c) acquisition or control by government sources of 25 per cent or more of any class of shares (4) or voting power (5) in a New Zealand entity where either the consideration for the transfer or the value of the assets exceeds NZ$100 million; and (d) commencement of business operations or acquisition of an existing business by government sources, including business assets, in New Zealand, where the total expenditures to be incurred in setting up or acquiring that business or those assets exceed NZ$100 million.Consent is required, regardless of the dollar value of the investment, for acquisition or control of certain classes of land that are regarded as sensitive or require specific approval according to New Zealand’s overseas investment regime. Consent is required, regardless of the dollar value of the investment, for any transaction that would result in an overseas investment in fishing quota.Unbound for enterprises currently in State ownership. | |||
(4) Unbound except for measures concerning the entry and temporary stay of natural persons of another Member, employed by a service supplier of another Member that supplies services within New Zealand through a commercial presence, falling within the following categories: Business Visitors. Definition: A natural person of a Party whose remuneration and financial support is derived entirely from sources outside New Zealand and is seeking temporary entry to I for business purposes, such as: (i) for the purpose of negotiating and concluding the sale of goods or services but is not engaged in making direct sales to the general public or in supplying goods or services themselves; or (ii) as an investor, or duly authorised representative of an investor, for the purpose of establishing, expanding, monitoring, or disposing of an investment, but not with the intention of establishing or operating any business on the business visitor’s own account. Conditions (including duration of stay): Entry for a period not exceeding in aggregate three months in any calendar year. Intra-corporate transferees. Definition: An executive, manager or a specialist: (a) who is an employee of a goods supplier, service supplier or investor of a Party with a commercial presence in New Zealand; and (b) whose salary and any related payments are paid entirely by the service supplier or enterprise that employs the intra-corporate transferee. Executives.Definition: A natural person of a Party who primarily directs the management of an enterprise, exercises wide latitude in decision making and receives only general supervision or direction from higher level executives, the board of directors or stockholders of the enterprise. An executive would not directly perform tasks related to the actual provision of the service or the operation of the enterprise. Conditions (including duration of stay): Entry for a period of initial stay up to a maximum of three years for executives who have been employed by their employer for at least twelve months prior to their proposed transfer to New Zealand. Managers. Definition: A natural person who will be responsible for or directs the entire or a substantial part of the operations of the enterprise in New Zealand, receiving general supervision or direction principally from higher level executives, the board of directors or stockholders of the enterprise; supervising and controlling the work of other supervisory, professional or managerial employees; and having the authority to establish goals and policies of the entire or a substantial part of the operations of the enterprise. Conditions (including duration of stay): Entry for a period of initial stay up to a maximum of three years for managers who have been employed by their employer for at least twelve months prior to their proposed transfer to New Zealand. Specialists. Definition: A natural person with advanced trade, technical or professional skills within an organisation who possesses knowledge at an advanced level of technical expertise, and who possesses proprietary knowledge of the organisation’s service, research equipment, techniques or management. Such specialists are responsible for or employed in a particular aspect of an organisation’s operations in New Zealand. Skills are assessed in terms of the applicant’s employment experience, qualifications, and suitability for the position. Conditions (including duration of stay): Entry for a period of initial stay up to a maximum of three years for specialists who have been employed by their employer for at least twelve months prior to their proposed transfer to New Zealand. Installer or Servicer. Definition: A natural person of another Party who is an installer or servicer of machinery or equipment, where such installation or servicing by the supplying company is a condition of purchase of the said machinery or equipment. An installer or servicer cannot perform services which are not related to the service activity which is the subject of the contract. Conditions (including duration of stay): Entry for periods not exceeding three months in any 12-month period. Independent Service Supplier. Definition:A self-employed services supplier working on a contractual basis, without a requirement for commercial presence. In the following category only: Independent Professional. Definition: A self-employed natural person of another Party with advanced technical or professional skills, without the requirement for a commercial presence, working under a valid contract in New Zealand. An independent professional must also have: (i) a qualification resulting from three or more years of formal post- secondary school education leading to a recognised degree or diploma; and (ii) six or more years of experience. Both (i) and (ii) must be in the field in which the independent professional wishes to supply their professional services (6). Conditions (including duration of stay): In respect of the services sectors set out in New Zealand’s Schedule of Specific Commitments only and subject to economic needs tests, entry for a period of stay up to a maximum of 12 months. | (4) Unbound except for measures concerning the categories of natural persons referred to in the market access column. | ||
(1)(2)(3)(4) Unbound in cases of labour or management disputes, and also with respect to ships’ crews. | |||
(1)(2)(3)(4) Unbound with respect to all measures necessary to protect cultural heritage of national value; including ethnological, archaeological, historical, literary, artistic, scientific, or technological heritage, or measures necessary to support creative arts of national value. (7) | |||
(1)(2)(3)(4) Unbound with respect to all measures New Zealand deems necessary to protect or promote Māori rights, interests, duties and responsibilities in respect of trade enabled by electronic means, including in fulfilment of its obligations under Te Tiriti o Waitangi/The Treaty of Waitangi, provided that such measures are not used as a means of arbitrary or unjustified discrimination against persons of another Party or as a disguised restriction on trade in services and investment. The Parties agree that the interpretation of Te Tiriti o Waitangi/the Treaty of Waitangi, including as to the nature of the rights and obligations arising under it, shall not be subject to the dispute settlement provisions of this Agreement |
II. SECTOR SPECIFIC COMMITMENTS
Sector or Subsector | Limitations on Market Access | Limitations on National Treatment | Additional Commitments |
1. BUSINESS SERVICES | |||
A. Professional Services. | |||
(a) Legal Services, in respect of the following areas of law: (CPC 861) - Domestic Law | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
- International law | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
- Foreign law | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(b) Accounting, auditing and book-keeping services (CPC 862) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(c) Taxation services - Tax preparation, tax planning and consulting services (CPC 86301 - 86303) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(d) Architectural services (CPC 8671) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(e) Engineering services (CPC 8672) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(f) Integrated Engineering Services (CPC 8673) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(g) Consultancy related to Urban Planning & Landscape Architecture (CPC 8674**) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(i) Veterinary services (CPC 9320) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
Urban planning and landscape architectural services | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
B. Computer and Related Services | |||
(a) Consultancy services related to the installation of computer hardware (CPC 841) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(b) Software implementation services (CPC 842) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(c) Data processing services (CPC 843) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(d) Database services (CPC 844) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(e) Maintenance and repair of office machinery and equipment including computers (CPC 845) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(e) Other Computer Services (CPC 849) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
D. Real Estate Services | |||
(a) Involving own or leased property (CPC 821) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(b) On a fee or contract basis (CPC 822) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
E. Rental/Leasing of Equipment without Crew | |||
Transport and non-transport (CPC 8310) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
F. Other Business Services | |||
(a) Advertising services (CPC 871) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(c) Management consulting services (CPC 865) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(d) Services related to management consulting (CPC 866) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(e) Services incidental to agriculture, hunting and forestry (CPC 8811, 8813, 8814) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(f) Services incidental to animal husbandry (CPC 8812) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) Access to the national dairy herd testing database is only given where it is judged to be in the interests of the New Zealand industry. (4) Unbound except as indicated in the Horizontal Commitments | |
(k) Placement and supply services of personnel (CPC 872) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(o) Cleaning of buildings and similar activities (CPC 874) | (1) Unbound* (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) Unbound* (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(p) Photographic services (CPC 875) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(s) Convention services (CPC 87909**) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(t) Credit reporting services (CPC 87901) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | The Privacy Act 2020 establishes New Zealand’s regulatory framework for the treatment of personal information, in general accordance with the Recommendation of the Council of the OECD Concerning Guidelines Governing the Protection of Privacy and Transborder Flows of Personal Data. |
(t) Collection agency services (CPC 87902) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(t) Translation services (CPC 87905**) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(t) Interior design services (CPC 87907**) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(t) Telephone answering services (CPC 87903) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(t) Duplicating Services (CPC 87904) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(t) Mailing list compilation and mailing services (CPC 87906) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(t) Other Business Services – services generally provided to business, not elsewhere classified in the CPC and not including convention services. These include: business brokerage services, appraisal services (other than for real estate), secretarial services, demonstration exhibition services, etc. (CPC 87909) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
Services incidental to manufacturing | (1) None (2) None (3) None (4) Unbound, including with respect to Independent Professional, except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound, including with respect to Independent Professional, except as indicated in the Horizontal Commitments | |
2. COMMUNICATION SERVICES | |||
C. Telecommunication Services | |||
(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**, CPC 7529**) (g) Private leased circuit services (CPC 7522**, CPC 7523**) (h) Electronic mail (CPC 7523**) (i) Voice mail (CPC 7523**) (j) On-line information and data-base retrieval (CPC 7523**) (k) Electronic data Interchange (EDI) (CPC 7523**) (l) Enhanced/value-added facsimile services (CPC 7523**) (m) Code and protocol conversion (n) On-line information and/or data processing (CPC 843**) (o) Other Paging services (CPC 75291) Teleconferencing services (CPC 75292) Personal Communications Services (CPC 75213*) Cellular services (CPC 75213*) Trunked radio system services CPC 7523**, CPC 75213*) Mobile data services(CPC 7523**). | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) The Constitution of Chorus Limited requires New Zealand Government approval for the shareholding of any single overseas entity to exceed 49.9 per cent. At least half of board directors are required to be New Zealand citizens. (4) Unbound except as indicated in the Horizontal Commitments | |
D. Audio-visual Services | |||
Production, distribution, exhibition and broadcasting of audio-visual works (CPC 9611- 9613, CPC 96192**,CPC 7524, CPC 753) | (1) None (2) None (3) None (4) The New Zealand immigration instructions, authorised under the Immigration Act 2009, stipulate a special procedure for the granting of visas to entertainers, performing artists and associated support personnel for work purposes. To be eligible for a work visa or work permit, such applicants must come within the policy guidelines agreed to between the Minister of Immigration, independent promoters, agents or producers and the relevant performing artists' unions. Otherwise, unbound except as indicated in the horizontal section. | (1) (3) The Broadcasting Commission has a statutory obligation to promote Māori language and culture and allocates a proportion of its funding for this purpose.Te Reo Whakapuaki Irirangi (the Māori Broadcasting Funding Agency) allocates government funding for the promotion of Māori language and culture. Government assistance to the film industry through the New Zealand Film Commission is limited to New Zealand films as defined in Section 18 of the New Zealand Film Commission Act 1978.(2) None (4) Unbound except as indicated in the Horizontal Commitments | |
3. CONSTRUCTION AND RELATED ENGINEERING SERVICES | |||
A. General Construction Work for Buildings (CPC 512, CPC 515) | (1) None for consultancy services (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None for consultancy services (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
B. General Construction Work for Civil Engineering (CPC 513) | (1) None for consultancy services (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None for consultancy services (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
C. Installation and Assembly Work (CPC 514, CPC 516) | (1) None for consultancy services (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None for consultancy services (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
D. Building Completion and Finishing Work (CPC 517) | (1) None for consultancy services (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None for consultancy services (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
E. Other - Site preparation: new construction (other than pipelines) (CPC 511) - Maintenance and repair of fixed structures - Renting Services related to Equipment for Construction or Demolition of Buildings or Civil Engineering, with Operator (CPC 518) | (1) None for consultancy services (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None for consultancy services (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
4. DISTRIBUTION SERVICES | |||
A. Commission Agents' Services (CPC 6211, excluding CPC 62111, CPC 62112, and such services relating to CPC 2613-2615) | (1) None for consultancy services (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None for consultancy services (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
B. Wholesale Trade (CPC 622, excluding CPC 6221, CPC 6222 and such services relating to CPC 2613-2615) | (1) None for consultancy services (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None for consultancy services (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
C. Retail Trade (CPC 631, CPC 632, CPC 6111, CPC 6113 and CPC 6121) | (1) None for consultancy services (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None for consultancy services (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
5. EDUCATION SERVICES | |||
Primary, Secondary, and Tertiary education in private institutions (CPC 921, CPC 922, CPC 923) Other education in respect of the following services only: - Language training provided in private specialist language institutions; - Tuition in subjects taught at the primary and secondary levels, provided by private specialist institutions operating outside the New Zealand compulsory school system (8). (CPC 929**) | (1) None for consultancy services (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None for consultancy services (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments |
Sector or Sub-sector | Limitations on Market Access | Limitations on National Treatment | Additional Comments |
6. ENVIRONMENTAL SERVICES (9) | |||
A. Waste water management: (i) consultancy relating to waste water management; (ii) for all other aspects of this service: those contracted by private industry only. (CPC 9401**) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
B. Waste Management. Refuse disposal services: (i) consultancy relating to refuse disposal; (ii) for all other aspects of this service: those contracted by private industry only.(CPC 9402**) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
C. Sanitation and similar services. (i) consultancy relating to sanitation and similar services; (ii) for all other aspects of this service: those contracted by private industry only.(CPC 9403**) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
D. Protection of ambient air & climate. (i) consultancy relating to the protection of ambient air & climate; (ii) for all other aspects of this service: those contracted by private industry only. (CPC 9404**) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
D. Remediation & clean-up of soil & water (i) consultancy relating to the remediation & clean-up of soil & water; (ii) for all other aspects of this service: those contracted by private industry only. (CPC 9406**)(10) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
E. Noise & vibration abatement. (i) consultancy relating to noise &vibration abatement; (ii) for all other aspects of this service: those contracted by private industry only. (CPC 9405**) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
F. Protection of biodiversity & landscape. (i) consultancy relating to protection of biodiversity & landscape; (ii) for all other aspects of this service: those contracted by private industry only. (CPC 9406**)(11) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
G. Other environmental & ancillary services. (i) consultancy relating to other environmental & ancillary services; (ii) for all other aspects of these service: those contracted by private industry only.(CPC 9409**) |
7. FINANCIAL SERVICES
1. New Zealand undertakes its specific commitments on Financial Services in accordance with the provisions of the WTO GATS "Understanding on Commitments in Financial Services" (the Understanding).
2. These commitments on financial services are subject to the general limitations contained in the "Horizontal Commitments" section of this Schedule.
3. Market access and national treatment commitments in Modes (1) and (2) are bound to the extent of the obligations in paragraphs B.3 and B.4 of the Understanding.
4. The admission to the market of new financial services or products may be subject to the existence of, and consistency with, a regulatory framework aimed at achieving the objectives indicated in Article 2(a) of the GATS Financial Services Annex.
5. Mode 3 commitments are subject to the provisions of the Financial Reporting Act 2013 and the Companies Act 1993. These require overseas companies to prepare financial statements on an annual basis comprising a balance sheet, a profit and loss statement and (if required by an applicable financial reporting standard approved by the Accounting Standards Review Board) a statement of cash flows. The Acts also require such financial statements in relation to an overseas company's New Zealand business. The Acts require the following companies to deliver annual audited financial statements to the Registrar of Companies for registration: (a) issuers (i.e. those which have raised investment from the public); (b) overseas companies; (c) subsidiaries of companies or bodies corporate incorporated outside New Zealand; (d) companies in which 25 per cent or more of the shares are held or controlled by:
(i) a subsidiary of a company of body corporate incorporated outside New Zealand or a subsidiary of that subsidiary;
(ii) a company or body corporate outside New Zealand; or
(iii) a person not ordinarily resident in New Zealand.
Sector or Sub-sector | Limitations on Market Access | Limitations on National Treatment | Additional Commitments |
A. Insurance and Insurance-related Services | |||
(a) Life insurance services (CPC 8121) | (3) None (4) Unbound except as indicated in the Horizontal Commitments | (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(b) Non-life insurance services (CPC 8129) | (1)(3) The Accident Compensation Act 2001 provides for compulsory workers' compensation insurance via levies on vehicle owners, employers, employees and the self-employed. The Act is administered by the Accident Compensation Corporation (ACC). (1)(3) The Natural Hazards Commission is the sole insurer of residential property disaster insurance for replacement cover up to NZ $150,000 per dwelling and NZ $20,000 on personal property. These amounts may be increased by regulation. (1)(2)(3) Unbound for marketing and sales related to products covered under CPC 01, 02, 211, 213-216, 22, 2399 and 261. (4) Unbound except as indicated in the Horizontal Commitments | (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(c) Reinsurance and retrocession (CPC 81299) | (3) None (4) Unbound except as indicated in the Horizontal Commitments | (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(d) Insurance intermediation, such as brokerage and agency services (CPC 8140**) | (1)(3) The Accident Compensation Act 2001 provides for compulsory worker's compensation insurance via levies on vehicle owners, employers, employees and the self-employed. The Act is administered by the Accident Compensation Corporation (ACC). (1)(3) Under the Wheat Producers Levy Act 1987 (or regulations enacted under the Commodities Levy Act 1990), United Wheat growers (NZ) Ltd) has the power to organise compulsory disaster insurance on behalf of growers and to require them to pay a levy to recover the premium amount of this insurance. (1)(2)(3) Unbound for loss of products covered under CPC 01, 02, 211, 213-216, 22, 2399 and 261. (4) Unbound except as indicated in the Horizontal Commitments | (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
(e) Services Auxiliary to Insurance, such as consultancy, actuarial, risk assessment and claim settlement services (CPC 8140**) | (3) None (4) Unbound except as indicated in the Horizontal Commitments | (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
B. Banking and other Financial Services (excluding insurance) (12) | |||
(a) Acceptance of deposits and other repayable funds from the public CPC 81115-81119) (b) Lending of all types, including consumer credit, mortgage, credit, factoring and financing of commercial transactions(CPC 8113) (c) Financial leasing (CPC 8112) (d) All payment and money transmission services, including credit, charge and debit cards, travellers cheques and bankers drafts (CPC 81339**) (e) Guarantees and commitments (CPC 81199**) (f) Trading for own account or for account of customers, whether on an exchange, in an over-the counter market or otherwise, the following: (i) money market instruments (cheques, bills, certificates of deposits etc) (CPC 81339**) (ii) foreign exchange (CPC 81333) (iii) derivative products including, but not limited to, futures and options (CPC 81339**) (iv) exchange rates and interest rate instruments, including products such as swaps, forward rate agreements etc (CPC 81339**) (v) transferable securities (CPC 81321) (vi) other negotiable instruments and financial assets, including bullion (CPC 81339**) (g) Participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of services related to such issues (CPC 8132) (h) Money broking (CPC 81339**) (i) Asset management, such as cash or portfolio management; all forms of collective investment management, pension fund management, custodial, depository and trust services (CPC 8119**, 81323*) (j) Settlement and clearing services for financial assets, including securities, derivative products, and other negotiable instruments (CPC 81339**, 81319**) (k) Provision and transfer of financial information, and financial data processing and related software by providers of other financial services (CPC 8131) (l) Advisory, intermediation, and other auxiliary financial services on all the activities listed in (a) to (k) above, including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy (CPC 8131, 8133) | (3) None (4) Unbound except as indicated in the Horizontal Commitments | (3) None (4) Unbound except as indicated in the Horizontal Commitments |
Sector or Sub-sector | Limitations on Market Access | Limitations on National Treatment | Additional Commitments |
9. TOURISM AND TRAVEL RELATED SERVICES | |||
A. Hotels and Restaurants (CPC 641-643) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
B. / C. Travel Agencies, Tour Guides, and Tour Operator Services (CPC 7471, 7472) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
11. TRANSPORT SERVICES | |||
A. Maritime Transport Services. General conditions applicable to all maritime service sectors: marketing and sales of maritime transport services for products covered under CPC 01, 02, 211, 213-216, 22, 2399 and 261; Unbound. | |||
International Transport (freight and passengers) (CPC 7211 and CPC 7212 less cabotage – as defined in Explanatory Notes paragraph 3) | (1) None (2) None (3) Unbound for establishment of registered company for the purpose of operating a fleet under the New Zealand flag. (4) Unbound for ships’ crews. Otherwise unbound except as indicated in the Horizontal Commitments. | (1) None (2) None (3) Unbound as described in the market access column. (4) Unbound as described in the market access column. | |
Maritime Auxiliary Services | |||
- Storage and Warehousing Services (CPC 742) | (1) Unbound* (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) Unbound* (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
- Maritime freight forwarding services (as defined in Explanatory Notes paragraph 4). | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
- Customs Clearance Services (13) | (1) Unbound* (2) None (3) None (4) Unbound, including with respect to Independent Professional, except as indicated in the Horizontal Commitments | (1) Unbound* (2) None (3) None (4) Unbound, including with respect to Independent Professional, except as indicated in the Horizontal Commitments | |
- Maritime Cargo Handling Services (14) | (1) Unbound* (2) None (3) None (4) Unbound, including with respect to Independent Professional, except as indicated in the Horizontal Commitments | (1) Unbound* (2) None (3) None (4) Unbound, including with respect to Independent Professional, except as indicated in the Horizontal Commitments | |
- Container Station and Depot Services (as defined in Explanatory Notes paragraph 5) | (1) Unbound* (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) Unbound* (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
- Maritime Agency Services (as defined in Explanatory Notes paragraph 6) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
- Port operation services (CPC 7451) | (1) Unbound* (2) None (3) None (4) Unbound, including with respect to Independent Professional, except as indicated in the Horizontal Commitments | (1) Unbound* (2) None (3) None (4) Unbound, including with respect to Independent Professional, except as indicated in the Horizontal Commitments |
Sector or Sub-sector | Limitations on Market Access | Limitations on National Treatment | Additional Commitments |
C. Air Transport Services | |||
d. Maintenance and repair of aircraft 8868** | |||
- Aircraft repair and Maintenance services (15) I | (1) Unbound* (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) Unbound* (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
e. Supporting services for air transport | |||
- Selling and marketing of air transport services (16) | (1)(2)(3) Unbound for products covered under CPC 01, 02, 211, 213-216, 22, 2399 and 261 (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
- Computer reservation system services (17) (CPC 7523**) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
- Airport Operation Services (18) (CPC 74610**, excluding Navigation aids). | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments. | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments. | |
- Other supporting services for air transport (CPC 74690** excluding firefighting and fire- prevention services) | (1) Unbound* (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) Unbound* (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
- Specialty Air Services (19) | (1) Unbound (2) Unbound (3) Unbound, except 100% permitted for foreign equity (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
- Ground handling services (20) | (1) Unbound* (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) Unbound* (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
- Airfreight Storage and warehousing services (CPC 742**) | (1) Unbound* (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) Unbound* (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
- Airport management services (21) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
E. Rail Transport Services | |||
Rail transport services (CPC 711) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments. | |
F. Road Transport Services | |||
Commercial road transport services (passenger, goods, rental and vehicle recovery) (CPC 712 except 71235) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
G. Pipeline Transport | |||
Pipeline transport (CPC 713) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | |
12. OTHER SERVICES NOT INCLUDED ELSEWHERE | |||
Washing, cleaning and dyeing services (CPC 9701) | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments | (1) None (2) None (3) None (4) Unbound except as indicated in the Horizontal Commitments |
ANNEX 9-D . UNITED ARAB EMIRATES – SCHEDULE OF SPECIFIC COMMITMENTS
EXPLANATORY 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-New Zealand Comprehensive Economic Partnership Agreement (CEPA). This introductory note should be regarded as forming an integral part of the UAE’s schedule.
2. The schedule 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.
3. The UAE recalls that, in the Terms of Reference for the UAE-New Zealand CEPA, the Parties committed to ensure substantial sectoral coverage and specific commitments in the Trade in Services chapter. The UAE’s schedule is in line with this commitment.
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 or temporary stay of natural persons in the following categories. A. Business Visitors. A natural person who stays in the UAE, without acquiring remuneration from within the UAE and without engaging in making direct sales to the general public or supplying services, for the purposes of participating in business meetings, business contacts including negotiations for the sale of services and/or other similar activities including those to prepare for establishing a commercial presence in the UAE: Entry and stay for persons in this category shall not be for more than 90 days in any 12- month period. B. Intra-corporate Transferees. Intra-corporate transferees: managers, executives and specialists (as defined below) who have been in the employment of a juridical person of another Party outside the UAE, for a period of not less than one year prior to the date of application for entry into the UAE and are being transferred to a branch or affiliate in the UAE of the aforesaid juridical person. Entry will be subject to the following conditions: (i) The number of managers, executives and specialists shall be limited to 50% of the total number of managers, executives and specialists of each service supplier. (ii) Their entry shall be for a period of three years, subject to renewal for additional years. (iii) Their stay in the UAE will be subject to UAE labour and immigration laws. Definitions: Managers: persons within an organization who primarily direct the organization or a department or sub- division of the organization, supervise and control the work of other supervisory, professional or managerial employees, have the authority to hire or fire or recommend hiring, firing, or other personnel action (such as promotion or leave authorization), and exercise discretionary authority over day to day operations. Does not include first-line supervisor unless the employees supervised are professional. Does not include employees who primarily perform tasks necessary for the provision of the service. Executives: Persons within an organization, who primarily direct the management of the organization, establish the goals and policies of the organization, exercise wide latitude in decision-making, and receive only general supervision or direction from higher-level executives, the board of directors or stockholders of the business. Executives would not directly perform tasks related to the actual provision of service or services of the organization. Specialists: persons within an organization who possess knowledge at an advanced level of expertise and who possess proprietary knowledge of the organization’s services, research, equipment, techniques or management. | 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 categories of natural persons referred to in the market access column. | • The work right for the spouses of intra- corporate transferees is granted according to the UAE labour laws. • Transparency: all disciplines concerning labour, residency and work permits laws are publicly available. |
Sector or Subsector | Limitations on Market Access | Limitations on National Treatment | Additional comments |
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) Unbound. 2) Unbound. 3) Unbound. 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 in the horizontal section | |
b. Market research and public opinion polling services (CPC 864) | 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. 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) Unbound. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. | 1) Unbound. 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) Unbound. 2) Unbound. 3) None. 4) Unbound, except as indicated in the horizontal section. | |
o. Building-Cleaning Services (CPC 874) | 1) Unbound. 2) Unbound. 3) None. 4) Unbound, except as indicated under horizontal section. | 1) Unbound. 2) None. 3) Unbound. 4) Unbound, except as indicated under 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) Unbound. 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 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. |
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). | 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 New Zealand according to the regulatory framework in the UAE and in the territory of New Zealand. 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 (CPC 929): Excluding public education | 1) None. 2) None. 3) None, except natural persons of New Zealand 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 New Zealand 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.
Sector or Subsector | Limitations on Market Access | Limitations on National Treatment | Additional comments |
(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 | 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 insurance (3) (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. | |
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. (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, | 1) None. 2) None. 3) (i) No limitation for establishment of representative offices; investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy (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. 4) Unbound, except as indicated in the horizontal section. | 1) None. 2) None. 3) None. |
Sector or Subsector | Limitations on Market Access | Limitations on National Treatment | Additional comments |
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 and warehousing 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. | |
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. | |
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. | |
E. 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 9-E . UAE MOST-FAVOURED-NATION TREATMENT SECTORAL COVERAGE ANNEX
This Annex sets out the UAE’s commitments in accordance with Article 9.4(1) (Most- Favoured Nation Treatment).
I. Horizontal Limitations
1. The UAE reserves the right to adopt or maintain any measure that accords more favourable treatment to any services and service suppliers under any bilateral or multilateral international agreement in force, or signed prior to, the date of entry into force of this Agreement. (1)
2. The UAE reserves the right to adopt or maintain any measure that accords more favourable treatment to services and service suppliers of any GCC Member State under the GCC Economic Agreement.
3. The UAE reserves the right to adopt or maintain any measure that accords more favourable treatment to services and service suppliers of a Member State of the Greater Arab Free Trade Area under the Greater Arab Free Trade Area (GAFTA).
4. The UAE reserves the right to confer or accord advantages to adjacent countries in order to facilitate exchanges limited to contiguous frontier zones of services that are both locally produced and consumed.
5. The UAE reserves the right to adopt or maintain any measure with respect to the supply of a service by the presence of natural persons, subject to the provisions of the Trade in Services Chapter.
6. The UAE reserves the right to adopt or maintain any measure that accords more favourable treatment to any services and service suppliers under any bilateral or multilateral international agreement that enters in force or is signed after the date of entry into force of this Agreement, except in the sectors listed below, to the extent the sectors listed below are committed to under a Free Trade Agreement.
II. MFN Sectoral Coverage
1. Business Services
A. Professional Services
a. Legal services (CPC 861) Most-Favoured-Nation (MFN)
b. Accounting, auditing and book- keeping services (CPC 8621 & 8622) Most-Favoured-Nation (MFN)
B. Computer and Related Services
a. Consultancy services related to the installation of computer hardware (CPC 841) Most-Favoured-Nation (MFN)
b. Software implementation services (CPC 842) Most-Favoured-Nation (MFN)
c. Data processing services (CPC 843) Most-Favoured-Nation (MFN)
d. Data base services (CPC 844) Most-Favoured-Nation (MFN)
e. Other computer services (CPC 849) Most-Favoured-Nation (MFN)
C. Research and Development Services
a. R&D services on natural sciences (CPC 851) Most-Favoured-Nation (MFN)
b. R&D services on social sciences and humanities (CPC 852) Most-Favoured-Nation (MFN)
c. Interdisciplinary R&D services (CPC 853) Most-Favoured-Nation (MFN)
F. Other Business Services
c. Management consulting services (CPC 8650) Most-Favoured-Nation (MFN)
d. Services related to Management Consulting (CPC 8660) Most-Favoured-Nation (MFN)
e. Technical testing and analysis services (CPC 8676) Most-Favoured-Nation (MFN)
i. Services incidental to manufacturing (CPC 884+885, except for 88442) Most-Favoured-Nation (MFN)
5. Education Services
D. Adult Education (CPC 924) Most-Favoured-Nation (MFN)
7. Environmental Services
A. Sewage services (CPC 9401) Most-Favoured-Nation (MFN)
B. Refuse disposal services (CPC 9402) Most-Favoured-Nation (MFN)
C. Sanitation and similar services (CPC 9403) Most-Favoured-Nation (MFN)
8. Health Services
A. Hospital Services (CPC 9311) Most-Favoured-Nation (MFN)
Chapter 10. DIGITAL TRADE
Article 10.1. Definitions
For purposes of this Chapter:
authentication means the process or act of verifying the identity of a party to an electronic communication or transaction and ensuring the origin and integrity of an electronic communication;
cryptography means the principles, means, or methods for the transformation of data in order to hide its information content, prevent its undetected modification or prevent its unauthorised use; and is limited to the transformation of information using one or more secret parameters, for example, crypto variables or associated key management;
cryptographic algorithm or cipher means a mathematical procedure or formula for combining a key with plaintext to create a ciphertext;
digital product means a computer programme, text, video, image, sound recording or other product that is digitally encoded, produced for commercial sale or distribution, and that can be transmitted electronically; (1) (2)
digital or electronic signature means data in digital or electronic form that is in, affixed to, or logically or cryptographically associated with date in electronic form that is used to identify or verify the signatory in relation to the data in electronic form and used by a signatory to agree on the date in electronic form to which it relates;
electronic invoicing or e-invoicing means the automated creation, exchange and processing of request for payments between suppliers and buyers using a structured digital format;
electronic transmission or transmitted electronically means a transmission made using any electromagnetic means, including by photonic means;
encryption means the conversion of data (plaintext) into a form that cannot be easily understood without subsequent re-conversion (ciphertext) through the use of a cryptographic algorithm;
key means a parameter used in conjunction with a cryptographic algorithm that determines its operation in such a way that an entity with knowledge of the key can reproduce or reverse the operation, while an entity without knowledge of the key cannot;
open data means non-proprietary information, including data, the central level of government of a Party elects to make freely available to the public;
personal data means any information, including data, about an identified or identifiable natural person; and
unsolicited commercial electronic message means an electronic message which is sent for commercial or marketing purposes to an electronic address, without the consent of the recipient or despite the explicit rejection of the recipient, through an Internet access service supplier or, to the extent provided for under the laws and regulations of each Party, other telecommunications service.
Article 10.2. Objectives
1, The Parties recognise the economic growth and opportunity that digital trade provides, the importance of avoiding barriers to its use and development, the importance of frameworks that promote consumer confidence in digital trade, the importance of open standards in enhancing interoperability of digital systems, the importance of the digital economy in promoting inclusive economic growth; the importance of promoting corporate social responsibility, cultural identity and diversity, environmental protection, gender equality, indigenous rights, inclusive trade, sustainable development and traditional knowledge, as well as the importance of preserving the right to regulate in the public interest, and the applicability of the principles of the WTO Agreements to measures affecting digital trade.
2. The Parties seek to foster an environment conducive to the further advancement of digital trade, including electronic commerce and the digital transformation of the global economy, by strengthening their bilateral relations on these matters.
Article 10.3. General Provisions
1. This Chapter shall apply to measures adopted or maintained by a Party that affect trade by electronic means.
2. This Chapter shall not apply:
(a) to government procurement;
(b) to a service supplied in the exercise of governmental authority;
(c) except for Article 10.19, to financial services;
(d) except for Article 10.16, to information held or processed by or on behalf of a Party, or measures related to such information, including measures related to its collection; and
(e) to measures adopted or maintained by New Zealand that it deems necessary to protect or promote Maori rights, interests, duties and responsibilities (3) in respect of matters covered by this Chapter, including in fulfilment of New Zealand's obligations under te Tiriti o Waitangi / the Treaty of Waitangi. Chapter 20 (Dispute Settlement) does not apply to the interpretation of te Tiriti o Waitangi / the Treaty of Waitangi, including as to the nature of the rights and obligations arising under it.
3. For greater certainty, the Parties affirm that measures affecting the supply of a service delivered or performed electronically are subject to the relevant provisions of Chapter 9 (Trade in Services) and its Annexes, including any exceptions or limitations set out in this Agreement that are applicable to such provisions.
Article 10.4. Customs Duties
1. A Party shall not impose customs duties on electronic transmissions, including content transmitted electronically, between a person of a Party and a person of the other Party.
2. For greater certainty, paragraph 1 shall not preclude a Party from imposing internal taxes, fees or other charges on content transmitted electronically, provided that such taxes, fees or charges are imposed in a manner consistent with this Agreement.
Article 10.5. Non-Discriminatory Treatment of Digital Products
1. A Party shall not accord less favourable treatment to digital products created, produced, published, contracted for, commissioned or first made available on commercial terms in the territory of the other Party, or to digital products of which the author, performer, producer, developer or owner is a person of the other Party, than it accords to other like digital products (4).
2. Paragraph 1 shall not apply to the extent of any inconsistency with a Party's rights and obligations concerning intellectual property contained in Chapter 13 (Intellectual Property) or another international agreement a Party is party to.
3. The Parties understand that this Article does not apply to subsidies or grants provided by a Party, including government-supported loans, guarantees and insurance.
4. This Article shall not apply to broadcasting.
Article 10.6. Information and Communication Technology That Uses Cryptography
1, This Article shall apply to information and communication technology (ICT) products that use cryptography. (5)
2. With respect to a product that uses cryptography and is designed for commercial applications, no Party shall impose or maintain a technical regulation or conformity assessment procedure that requires a manufacturer or supplier of the product, as a condition of the manufacture, sale, distribution, import or use of the product, to:
(a) transfer or provide access to a particular technology, production process or other information, for example, a private key or other secret parameter, algorithm specification or other design detail, that is proprietary to the manufacturer or supplier and relates to the cryptography in the product, to the Party or a person in the Party's territory;
(b) partner with a person in its territory; or
(c) use or integrate a particular cryptographic algorithm or cipher, other than where the manufacture, sale, distribution, import or use of the product is by or for the government of the Party.
3. Paragraph 2 shall not apply to: