Sector or subsector Limitations on market access Limitations on national treatment Additional commitments Maintenance and repair of aircraft (CPC 8868) (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 (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. Specialty Air Services (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. Airport Operation (1) Unbound* (2) None (3) Unbound (1) Unbound* (2) None (3) None
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments (4) Unbound, except as indicated in the horizontal section. (4) Unbound, except as indicated in the horizontal section. Pipeline Transport a. Transportation of fuels (CPC 7131) (1), (2), (3) None, except that the service has to be supplied by legal persons established under Chilean law and the supply of the service may be subject to a concession on a national treatment basis. (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. Transportation of other goods (CPC 7139) (1), (2), (3) None, except that the service has to be supplied by legal persons established under Chilean law and the supply of the service may be subject to a concession on a national treatment basis. (4) Unbound, except as indicated in the horizontal section (1) None (2) None (3) None (4) Unbound, except as indicated in the horizontal section. Services Auxiliary to All Modes of Transport a. Cargo handling services (CPC 748) (CPC 749) (CPC 741) (1) None (2) None (3) None (1) (2) (3) None, except that only nationals may act as customs agents or brokers. (4) Unbound, except as indicated in the horizontal section.
Modes of supply: (1) Cross-border supply (2) Consumption abroad
(3) Commercial presence (4) Presence of natural persons
Sector or subsector Limitations on market access Limitations on national treatment Additional commitments (4) Unbound, except as indicated in the horizontal section. b. Storage and warehouse services (CPC 742) (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. Freight transport agency services (CPC 748) (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 8B. SCHEDULE OF SPECIFIC COMMITMENTS UNITED ARAB EMIRATES
Introductory Notes:
1. This document sets out the UAE’s Schedule of Specific Commitments under Chapter 8 (Trade in Services). 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. Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments
I. HORIZONTAL COMMITMENTS ALL SECTORS AND SUB- SECTORS OF SERVICES
Modes of 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Supply: Persons Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments INCLUDED IN THIS SCHEDULE1 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 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 - 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. 1 The UAE will not offer any commitments in energy and energy related services. This offer does not include any commitment under these services.
Modes of Supply:
1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Persons
Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments 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 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 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
Modes of Supply:
1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Persons
Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments 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
Modes of Supply:
1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Persons
Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments 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 renewable 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
Modes of Supply:
1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Persons
Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments 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 operation, doesn’t include first-line supervisor unless the employees supervised are professional, nor does 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
Modes of Supply:
1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Persons
Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments 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. II. SECTOR SPECIFIC COMMITMENTS
Modes of Supply:
1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Persons
Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments 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) Foreign equity is limited to 75%. After 10 years from the entry into force of the Agreement foreign equity will be allowed up to 100%. 4) Unbound except as indicated in the horizontal 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section.
Modes of Supply:
1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Persons
Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments section. c. Taxation Services (CPC 8630) Only the following sub- sectors: - Business tax planningand 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.
Modes of Supply:
1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Persons
Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments 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%. 4) Unbound, except as indicated in the horizontal section. 1) None. 2) None. 3) None. 4) Unbound except as indicated in the horizontal section.
Modes of Supply:
1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Persons
Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments i. 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. 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) 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.
Modes of Supply:
1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Persons
Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments f. Other computer services (CPC 849 C. Research and Development Services a. R&D services on natural sciences (CPC 851) b. R&D services on social sciences and humanities (CPC 852) c. Interdisciplinary R&D services (CPC 853) 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 – 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.
Modes of Supply:
1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Persons
Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments 83109) 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) Foreign equity is limited to 75%. After 10 years from the entry into force of the Agreement, foreign equity will be allowed up to 100%. 4) Unbound, except as indicated in the horizontal section. 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section.
Modes of Supply:
1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Persons
Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments 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) Foreign equity is limited to 75%. After 2 years from the entry into force of the Agreement, foreign equity will be allowed up to 100%. 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
Modes of Supply:
1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Persons
Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments 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) Foreign equity is limited to 75%. After 5 years from the entry into force of the Agreement foreign equity will be allowed up to 100%. 4) Unbound, except as indicated in the horizontal section. 1) Unbound. 2) Unbound. 3) None. 4) Unbound, except as indicated in the horizontal section.
Modes of Supply:
1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Persons
Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments 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.
Modes of Supply:
1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Persons
Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments 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.
Modes of 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Supply: Persons Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments 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. ? The (*) indicates that the service specified is a component of a more aggregated CPC item specified elsewhere in this classification list.
Modes of Supply:
1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Persons
Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments 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. 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: ï The commitments taken are based on the scheduling principles provided by the following WTO documents: “Notes for scheduling Basic
Modes of 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Supply: Persons Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments Telecom Services Commitments” (S/GBT/W/2/Rev.1) and “Market Access Limitations on Spectrum Availability” (S/GBT/W/3). ï 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 license2 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 1) Only companies with commercial presence may provide telecom services. the regulatory framework in the UAE and in the territory of Chile. 2) Residents are allowed to purchase telecom services in the territory of Chile according to the regulatory framework in the UAE and in the territory of Chile. 3) Duopoly. The TDRA will 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 2 Broadcasting services” is defined as a radio communication service in which the transmissions are intended for direct reception by the general public, including sound transmissions, television transmissions or other types of transmissions. In the Telecommunications Law of the UAE, broadcasting is not part of basic telecommunication services.
Modes of Supply:
1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Persons
Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments (CPC 7522** + 7523**) h. Electronic mail (CPC 7523**) 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. indicated in the horizontal section. 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.) 3. CONSTRUCTION AND RELATED ENGINEERING SERVICES A. General Construction Work for Buildings (CPC 512) 1) Unbound. 1) Unbound. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. 2) None. 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) 3) (i) Foreign equity is limited to 49%. After two years from the entry into force of the Agreement, foreign equity is allowed up to
Modes of Supply:
1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Persons
Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments 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) 51% and after seven years, 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 75%. After five years from the entry into force of the Agreement, participation of foreign capital for such high scale projects will be 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. 4. DISTRIBUTION SERVICES
Modes of Supply:
1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Persons
Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments 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) 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. C. Retailing Services ï Food Retailing Services (CPC 631) ï Non-food Retailing Services (CPC 632) ï Sales of motor vehicles (CPC 6111) ï Sales of parts and accessories of motor vehicles (CPC 6113) ï Sales of motorcycles and snowmobiles and relatedparts 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.
Modes of Supply:
1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Persons
Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments D. Franchising (CPC 8929) 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. 5. EDUCATIONAL SERVICES B. Secondary Education Services (CPC 922) C. Higher Education Services (CPC 923) D. Adult Education (CPC 924) E. Other Education Services: Excluding public education 1) None. 2) None. 3) (i) Foreign equity is allowed up to 100%. (ii) Natural persons of Chile 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 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section.
Modes of Supply:
1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Persons
Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments 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) Participation of foreign equity is limited to 70%. After 7 years from the entry into force of the Agreement, up to 100% foreign equity will be allowed. 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 ï Cleaning services for exhaust gases (CPC 94040) 1) None. 2) None. 3) Participation of foreign equity is limited to 70%. After 7 years from the entry into force of the Agreement, up to 100% foreign equity will be allowed. 4) Unbound, except as 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section.
Modes of Supply:
1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Persons
Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments indicated in the horizontal section. ï Treatment, remediation of contaminated/polluted soil and water (part of CPC 94060) 1) Unbound. 2) Unbound. 3) Foreign equity is limited to 70%. After 7 years from the entry into force of the Agreement, up to 100% foreign equity will be allowed. 4) Unbound, except as indicated in the horizontal section 1) Unbound. 2) Unbound. 3) None. 4) Unbound, except as indicated in the horizontal section.
Modes of Supply:
1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Persons
Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments ï Noise abatement services (CPC 9405) ï Nature and landscape protection services (CPC 9406) ï Other environmental protection services (CPC 9409 1) None. 2) None. 3) Foreign equity is limited to 70%. After 7 years from the entry into force of the Agreement, up to 100% foreign equity will be allowed. 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 into consideration the number of hospital, 1) None. 2) None. 3) None.
Modes of Supply:
1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Persons
Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments medical and health centres in a givenregion. - 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. 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 into consideration the number of hospital, medical and health centres in a givenregion. Participation of foreign equityis allowed up to 100% in Dubai Health Care City. An economic needs test 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the
Modes of Supply:
1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Persons
Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments will not berequired. 4) Unbound, except as indicated in the horizontal section. horizontal section. 9. TOURISM AND TRAVEL RELATED SERVICES A. Hotels and restaurants (including catering) (CPC 64110, 64120 & 642, 643) 1) None. 2) None. 3) - Hotels: foreign equity is limited to 49%. For hotel management, foreign equity is limited to 70%. - Restaurants: foreign equity is limited to 70%. 4) Unbound, except as indicated in the horizontal section. 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal section. B. Travel agencies and tour operators services (CPC 7471) Excluding Umra and Hajj services and related services (i.e. Islamic pilgrimages services and related services) 1) None. 2) None. 3) Unbound. 4) Unbound. 1) None. 2) None. 3) Unbound. 4) Unbound.
Modes of Supply:
1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Persons
Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments 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 1) Unbound. 2) Unbound. 3) Foreign equity is limited to 75%. 1) Unbound. 2) Unbound. 3) None. 4) Unbound, except as
Modes of Supply: 1)
Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Persons
Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments and public gardens services) 4) Unbound, except as indicated in the horizontal section. 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: ï 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: ï Pilotage ï Towing and tug assistance ï Provisioning, fueling and watering ï Garbagecollecting and ballast waste disposal ï Port Capitan’s services ï Navigation aid services ï Shore based operational services essential to ship operations
Modes of 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Supply: Persons Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments Maritime Auxiliary Services: ï Maritime cargo handling services3 ï Storage and warehousing services (CPC742) ï Container station and depot services4 ï Maritime agency services5 1) None. 2) None. 3) Foreign equity is 1) None. 2) None. 3) None. 4) Unbound, except as indicated in the horizontal including communications, water and electrical supplies ï Emergency repair facilities ï Anchorage, berth and berthing services 3 “maritime cargo handling services” means activities exercised by stevedore companies, including terminal operators, but not including the direct activities of dockers, when this workforce is organised independently of the stevedoring or terminal operator companies. The activities covered include the organisation and supervision of: the loading/discharging of cargo to/from a ship; the lashing/unlashing of cargo; the reception/delivery and safekeeping of cargos before shipment or after discharge. 4 “Container station and depot services, means activities consisting in storing containers, weather in port areas or inland, with a view to their stuffing/stripping, repairing and making them available for shipments.” 5 “Maritime agency services”, means activities consisting in representing, within a given geographic area, as an agent the business interests of one or more shipping lines or shipping companies, for the following purposes: (a) marketing and sales of maritime transport and related services, from quotation to invoicing, and issuance of bills of lading on behalf of the companies, acquisition resale of the necessary related services, preparation of documentation, and provision of business information; (b) acting on behalf of the companies organizing the call of the ship or taking over cargoes when required. (a)
Modes of 1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Supply: Persons Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments ï Maritime freight forwarding services6 limited to 49%.7 4) Unbound, except as indicated in the horizontal section. 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. E. Rail Transport Services a. Passenger transportation (CPC 7111) 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. 6 “Freight forwarding services” means the activity consisting of organizing and monitoring shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information.” 7 Operations and functions maybe subject to specific services obligations set out by operators with concession from public authorities.
Modes of Supply:
1) Cross-border supply 2) Consumption abroad 3) Commercial Presence 4) Presence of Natural Persons
Sector or Subsector Limitations on Market Access Limitations on National Treatment Additional comments 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)
Chapter 9. DIGITAL TRADE
Article 9.1. Definitions
For the purposes of this Chapter:
algorithm means a defined sequence of steps taken to solve a problem or obtain a result;
computing facilities means computer servers and storage devices for processing or storing information for commercial use;
covered enterprise means an enterprise of a Party that is owned or controlled, directly or indirectly, by a person of either Party; covered person means a covered enterprise or a natural person of either Party;
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)
electronic authentication means the process or act of verifying the identity of a party to an electronic communication or transaction or ensuring the integrity of an electronic communication;
electronic invoicing means the automated creation, exchange and processing of request for payments between suppliers and buyers using a structured digital format;
electronic payments means a payer’s transfer of a monetary claim acceptable to a payee made through electronic means;
electronic transmission or transmitted electronically means a transmission made using any electromagnetic means, including by photonic means;
electronic version of a document means a document in an electronic format prescribed by a Party;
government information means non-proprietary information, including data, held by the central level of government;
open data means non-proprietary information, including data, made freely available to the public by the central level of government;
personal information means any information, including data, about an identified or identifiable natural person;
trade administration documents means forms issued or controlled by a Party that must be completed by or for an importer or exporter in connection with the import or export of goods, 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 9.2. 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, and the applicability of the WTO Agreement to measures affecting digital trade.
2. To that end, the objectives of this Chapter are to: (a) support the growth of new areas of economic activity between the Parties, including digital cooperation; (b) expand the scope of cooperation between the Parties on matters concerning the digital economy; (c) promote emerging technologies to deepen the Parties’ economic relationship, and (d) facilitate greater business-to-business and research links between the Parties.
3. 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 9.3. Scope
1. This Chapter shall apply to measures adopted or maintained by a Party that affect trade by electronic means or that, by electronic means, facilitate trade.
2. This Chapter shall not apply to:
(a) government procurement, or
(b) information held or processed by or on behalf of a Party or measures related to such information, including measures related to its collection.
3. Measures affecting the supply of a service delivered or performed electronically are subject to the obligations contained in the relevant provisions of Chapter 8 (Trade in Services).
Article 9.4. Paperless Trading
1. Each Party shall endeavour to make publicly available, which may include through a process prescribed by that Party, electronic versions of all existing publicly available trade administration documents. (3)
2. Each Party shall endeavour to make available electronic versions of trade administration documents referred to in paragraph 1 in English or any of the other official languages of the WTO, and shall endeavour to provide such electronic versions in a machine readable format.
3. Each Party shall accept electronic versions of trade administration documents as the legal equivalent of paper documents, except where:
(a) there is a domestic or international legal requirement to the contrary, or
(b) doing so would reduce the effectiveness of the trade administration process.
4. Noting the obligations in the WTO Agreement on Trade Facilitation, each Party shall establish or maintain a single window, enabling traders to submit documentation or data requirements for importation, exportation, or transit of goods through a single-entry point to the participating authorities or agencies.
5. The Parties shall endeavour to establish or maintain a seamless, trusted, high- availability (4) and secure interconnection of each Party’s single window to facilitate the exchange of data relating to trade administration documents, which may include:
(a) sanitary and phytosanitary certificates;
(b) import and export data, and
(c) any other documents, as jointly determined by the Parties. (5)
6. The Parties recognise the importance of facilitating, where relevant in each jurisdiction, the exchange of electronic records used in commercial trading activities between the Parties’ businesses.
7. The Parties shall endeavour to develop data exchange systems to support the exchange of:
(a) data relating to trade administration documents referred to in paragraph 5 between the competent authorities of each Party, (6) and
(b) electronic records used in commercial trading activities between the Parties’ businesses, where relevant in each jurisdiction.
8. The Parties recognise that the data exchange systems referred to in paragraph 7 should be compatible and interoperable with each other. To this end, the Parties recognise the role of internationally recognised and, if available, open standards in the development and governance of the data exchange systems.
9. The Parties shall cooperate and collaborate on new initiatives which promote and advance the use and adoption of the data exchange systems referred to in paragraph 7, including, but not limited to, through:
(a) sharing of information and experiences, including the exchange of best practices, in the area of development and governance of the data exchange systems, and
(b) collaboration on pilot projects in the development and governance of data exchange systems.
10. The Parties shall cooperate bilaterally and in international forums to enhance acceptance of electronic versions of trade administration documents and electronic records used in commercial trading activities between businesses. 11. In developing other initiatives which provide for the use of paperless trading, each Party shall endeavour to take into account the methods agreed by international organisations.