1. Domestic Regulations for Trade in Services Ahmad Mukhtar Economist August 2015, Nairobi Kenya

2. Domestic Regulations WhatHowWhy DR for Services: Ahmad Mukhtar2

3. WHAT WHAT is Domestic Regulations DR RegulationsStandardsRulesPractices DR for Services: Ahmad Mukhtar 3

4. WHY WHY Domestic Regulations DR for Services: Ahmad Mukhtar4

5. HOW HOW…..Domestic Regulations RegionalHarmonizedNational DR for Services: Ahmad Mukhtar5

6. Prerequisites: 3 E’s Existing Enabling Extensive To regulate To develop Necessary Harmonized NSS+FSS Operate+Trade DR for Services: Ahmad Mukhtar6

7. WTO HOW: in the WTO DR for Services: Ahmad Mukhtar7 No Standard-Setting No Direct control in Promoting or creating DRs Recognized “Right to Regulate” [GATS preamble] “enabling” and not “trade restrictive” Disciplines to be negotiated GATS Article VI

8. WTO HOW: in the WTO DR for Services: Ahmad Mukhtar8 VI:1 Committed Sectors Reasonable, objective and impartial VI:2 Procedures for the review of administrative decisions affecting trade in services to be in place VI:3 Decisions within reasonable time VI: 6 Procedures to verify competence in all sectors, with or without commitments

9. WTO HOW: in the WTO DR for Services: Ahmad Mukhtar9 Article VI: 4 (negotiations) Based on objective and transparent criteria Not more burdensome than necessary Not in themselves a restriction on supply (licensing) To ensure that measures relating to qualification requirements and procedures, technical standards and licensing requirements do not constitute unnecessary barriers to trade, the Services Council shall develop any necessary disciplines

10. WTO HOW: in the WTO Article VI: 5 International Standards of Relevant International Organizations LicensingQualifications Nullification of Commitments Technical Standards DR for Services: Ahmad Mukhtar10

11. WTO HOW: in the WTO DR for Services: Ahmad Mukhtar11 Working Party on Domestic Regulations Established 26 April 1999, replacing WP on Professional Services Emphasis on generally application disciplines for all services sectors Negotiating (as per of DDA now) Article VI: 4 disciplines Transparency Necessity Test Equivalence and international standards

12. TISA HOW: in RTAs TISA Licensing Requirements / Procedures All specific measures Annex and reference to GATS Art. VI:4 Qualifications Requirements / Procedures Single Window Enquiry points Reasonable time and procedures Technical Standards Objective and Transparent Criteria Necessity Test (?) DR for Services: Ahmad Mukhtar12

13. TTIP HOW: in RTAs TTIP Public Services: Government supplied? Annex 1-Existing (with Ratchet) Annex 2-Future (Without Ratchet) Financial Services Professional Services Recognition Linked with TISA Transparency DR for Services: Ahmad Mukhtar13

14. ASEAN HOW: in RTAs ASEAN Logistics and Transport Professional Services Mutual Recognition National level regulations Regional benchmarking Gradual Harmonization Regulation/de-regulation Enabling regulatory framework Investment- Services Linkage DR for Services: Ahmad Mukhtar14

15. WHY: in the CFTA DR for Services: Ahmad Mukhtar15 “African” Services CFTA MA+DR WTO MA+DR TISA LDC Waiver AGOA RECs EPAs

16. HOW: in the CFTA Mapping Regulatory Gap Assessment Normative framework for development of regulations Framework To have a framework agreement for CFTA Relevant national regulatory structures Adoption Incorporating in the CFTA outcome Implementation at Member States level Harmonization Regional (African) standards and benchmarking Priority areas for mutual recognition DR for Services: Ahmad Mukhtar16

17. Questions-Comments DR for Services: Ahmad Mukhtar17 ahmad.mukhtar@fao.orgahmad.mukhtar@fao.org amukhtar@unog.chamukhtar@unog.ch