ࡱ> g bjbjVV vr<r<~s Z,,H:F:4:::$:::P6;;:O<<:<<<===OOOOOOO$RTb+O:=====+O::<<@O???=@:<:<O?=O??n3HlK<00օ<=K NVO0OK *U> *U@KKn*U:ML==?=====+O+O?===O====*U=========, 9: Trade in Services Division June 2011 DISICPLINES ON DOMESTIC REGULATION PURSUANT TO GATS ARTICLE VI.4 Background and Current State of Play  This paper provides general background information on the negotiation of disciplines on domestic regulation pursuant to GATS Article VI.4. It discusses the purpose and effects of regulation in services markets and explains the subjects that are under discussion in these negotiations. Purpose and Effects of Regulation Trade in services is in many cases affected by behind-the-border measures that are beyond the scope of GATS commitments on market access (Article XVI) and national treatment (Article XVII). Even more than in merchandise trade, such domestic (regulatory) measures, even if adopted solely for public policy reasons, will have an important effect on trade in services. The preamble to the GATS, while affirming the role of progressive liberalization as a means of promoting the economic growth of all trading partners and the development of developing countries, at the same time recognises the right of Members to regulate the supply of services within their territories in order to meet national policy objectives. Specific characteristics of services markets make the use of regulation particularly important. Services are intangible and their supply often requires an interaction between the service supplier and consumer. This implies that consumers frequently cannot appreciate the quality of the service until they have consumed it. Through regulation, governments seek to avoid that service suppliers exploit these information asymmetries. For instance, regulation may impose information requirements to inform consumers in advance, or impose qualification requirements for professionals or licensing requirements that seek to ensure the competence of the service supplier and thus the quality of the services provided. A government may also be convinced that certain services, even if provided by private commercial entities, like education or health services, need to be available to all citizens at equitable conditions, no matter their location or income. Domestic regulation may, in some cases, be used to further certain policy objectives such as job creation in disadvantaged regions or to promote the access of disadvantaged persons to the labour market. In other cases, governments adopt regulation to tackle fraud and tax evasion or prevent service suppliers from indulging in anti-competitive practices to exploit a dominant market position. The provision of certain services may also create negative externalities the costs of which are insufficiently borne by the service suppliers themselves. For instance, heavy road transport or intensive tourism could strongly affect the environment. Furthermore, as abundantly shown by the recent financial crisis, excessive risk-taking by financial institutions can undermine the financial stability of countries and create macroeconomic tensions around the world. Effective regulation or re-regulation can be a pre-condition for liberalization to produce the expected efficiency gains without compromising on quality and other policy objectives. For example, the opening of a hitherto restricted market may need to be accompanied by the introduction of licensing mechanisms and public service obligations for quality and social policy reasons. Since many services contracts involve customized products (medical intervention, legal advice, financial products etc.), the need for regulatory protection is particularly evident. Box 1 provides a list of situations where specific regulations are used to achieve certain policy objectives. It should be noted that these examples are given solely to illustrate the range of regulations that are typically found in sectors. They have not been listed with the intent of suggesting or recommending any particular policy or measure, nor in terms of their compatibility with the GATS or otherwise. Box 1: Examples of services-specific regulation to pursue public policy objectives Equitable access Sectors: In the transport or telecommunication sectors, governments often want remote regions to be served by such services regardless of profitability. Basic equity objectives also prompt governments to ensure that all citizens have access to education and essential health care at low or zero costs. Measures: Cross-subsidization schemes to ensure that revenues in profitable areas are reinvested in favor of underdeveloped regions or persons in financial need; licensing conditions which include 'universal service obligations' (for example, commercial hospitals are required to treat a certain percentage patients free of charge). Consumer protection Sectors: With regard to professional, financial or health services, the complexity of the service that is provided makes it very difficult for consumers to appreciate quality or safety prior to consumption. Service suppliers may exploit such information asymmetries. Measures: Prudential and other technical standards to be complied by service suppliers; publication requirements on costs, risks, side-effects, etc, so as to enable the consumer to make informed decisions; education and training requirements to ensure competence; mandatory professional liability insurance. Reduction of environmental impacts and other negative externalities Sectors: Road and air transport cause pollution and noise; tourism could put the environment under stress and disturb natural habitats, etc. Measures: Traffic restrictions over weekends, during night hours or in sensitive areas; zoning laws and building codes; tax/subsidy-schemes to mobilize funds for preservation of cultural heritage. Macroeconomic stability Sectors: Financial institutions may engage in imprudent lending or design complex financial instruments that are insufficiently understood. As a consequence, depositors may lose confidence and withdraw their money, inter-bank lending may suffer, credit supply to the real economy be hampered, and so forth. Measures: To ensure stability, financial institutions must comply with measures such as minimum capital requirements; higher capital reserves when new financial instruments are provided; diversify assets to limit exposure to individual clients; report on their activities; or put limits on remuneration of management. Avoidance of market dominance and anti-competitive conduct Sectors: Concerns about anti-competitive conduct arise in sectors prone to market concentration (including services with network effects and interconnection needs (transport, telecom), and liberalized former monopolies) Measures: Limitations on market shares, introduction of price surveillance or mandatory price caps, interconnection guarantees, government-mandated technical standards to replace company-specific requirements. Traditionally, trade negotiations focus on the removal of measures which constitute 'trade barriers'. In services, these consist essentially of restrictions on market access (Article XVI) and national treatment (Article XVII). While the former are listed exhaustively in the GATS, consisting of six types of mostly quantitative restrictions, the latter are defined in general terms as any measure that modifies the conditions of competition to the detriment of like foreign services or service suppliers. Any other rules or regulations, including those mentioned in Box 1, are not captured even in sectors and modes for which a Member has scheduled commitments on market access and national treatment with no limitations. It is important to ensure that benefits arising from existing commitments are not significantly curtailed by ineffective or inconsistent regulation. Many regulatory regimes have evolved in response to immediate problems and challenges, without much thought being given to trade and efficiency considerations. Moreover, regulatory responsibilities tend to be spread across ministries and agencies (Finance, Justice, Construction, Transport, Health, Education, etc.) and levels of government without much communication, let alone co-ordination, in many instances. The GATS does not interfere with ϲʹ Member's regulatory objectives and concerns, but it recognises that certain measures could restrict trade. Thus, in addition to market access and national treatment, it contains a mandate to develop disciplines to ensure that measures relating to licensing requirements and procedures, qualification requirements and procedures, and technical standards do not constitute unnecessary barriers to trade in services. The sections below take a closer look at what these negotiations entail. Disciplines for Domestic Regulation As was mentioned earlier, the GATS addresses the trade-restrictive impact of government measures through its prohibition on market-access and national-treatment restrictions in sectors where specific commitments have been taken by ϲʹ Members. An important feature of the GATS is that sector specific commitments can be conditioned by limitations inscribed under the relevant mode(s) of supply. Nonetheless, even in sectors where full market access and national treatment has been committed, foreign suppliers may still find it difficult under prevailing regulations to provide services in a host market. The existence of restrictive regulatory effects is more likely in services than in merchandise trade, given the defining role of regulation for products that are intangible by nature and the intrinsically close relationship between product and supplier. Because of the importance of the domestic regulatory environment as a context for trade, the Council for Trade in Services has been given a particular negotiating mandate in ArticleVI:4 of the GATS. It provides for the development, in appropriate bodies, of any necessary disciplines to prevent domestic regulations (qualification requirements and procedures, technical standards, and licensing requirements) from constituting unnecessary barriers to trade. On this basis, the Council for Trade in Services established the Working Party on Professional Services (WPPS) on 1 March 1995 "to examine and report on the disciplines necessary to ensure that measures relating to qualification requirements and procedures, technical standards and licensing requirements in the field of professional services do not constitute unnecessary barriers to trade". The WPPS developed Disciplines on Domestic Regulation in the Accountancy Sector (S/L/64), which were approved by the Services Council in December 1998. The relevant Council Decision (S/L/63) provides that the "accountancy disciplines" are applicable only to Members with specific commitments on accountancy. The disciplines are to be integrated into the GATS, together with any new results the WPDR may achieve in the interim, at the end of the current round. A core feature of the disciplines is their focus on (non-discriminatory) regulations that are not subject to scheduling under Articles XVI and XVII. Measures relating to licensing, qualifications and technical standards, which discriminate between foreign and domestic suppliers, whether formally or in fact, would need to be scheduled as national treatment limitations. On 26 April 1999, the Council for Trade in Services adopted a Decision on Domestic Regulation (S/L/70), which established the Working Party on Domestic Regulation (WPDR). The Working Party on Professional Services ceased to exist. According to its mandate, the Working Party shall develop generally applicable disciplines and may develop disciplines as appropriate for individual sectors or groups thereof. It is important to note that disciplines on domestic regulation would not apply to all possible regulations affecting trade in services, but to a subset of particular measures. These are identified in Article VI:4 of the GATS and the subsequent Decision on Domestic Regulation as five types of measures, namely those relating to: licensing requirements; licensing procedures; qualification requirements; qualification procedures; and technical standards. Importantly, the Article-VI:4 mandate is not intended to launch a de-regulatory process, but rather promote a programme for better regulation to realize any of the policy objectives a Member may seek to achieve. Article VI:4 indicates that the disciplines are intended to ensure that domestic regulations are, inter alia: based on objective and transparent criteria, such as competence and the ability to supply the service; not more burdensome than necessary to ensure the quality of the service; in the case of licensing procedures, not in themselves a restriction on the supply of the service. Pending the entry into force of the disciplines under ArticleVI:4, Members are required not to apply their domestic regulation in a way that would: nullify or impair specific commitments; be incompatible with the three above criteria; and could not have reasonably been expected at the time when the relevant commitments were made. Principles and issues in the negotiations In the WPDR, Members have been negotiating on a set of horizontal disciplines on domestic regulation, but this does not preclude the possibility of future work on sectoral disciplines. While the negotiations are still on-going, many proposals have been submitted by Members and several versions of a Chairman's text, which reflect drafting suggestions, have been produced. It is difficult to summarise the elements contained in the text and the respective proposals, as the negotiations are still on-going and consensus has not yet been reached on all the elements that should be included in the disciplines. Nevertheless, it can be said that in the negotiations, consideration has been given to the following regulatory principles: Transparency Information on regulatory requirements and procedures should be accessible to all parties concerned. Relevant criteria include: the publication and availability of information on regulations and procedures; specification of reasonable time periods for responding to applications for licences; information as to the reasons why an application was rejected; notification on what information is missing in an application; specification of reasonable time periods for responding to applications; information on procedures for review of administrative decisions. Impartiality and objectivity Decisions by competent authorities must be made in an impartial manner, independent from any commercial interests or political influence. The criteria should be clearly spelled out to avoid excessive discretion. Relevance of foreign qualifications and experience Account should be taken of relevant educational qualifications and professional experience a supplier may have obtained abroad. Complementing this principle, governments may want to negotiate agreements to accept the equivalence of qualifications obtained under other jurisdictions or unilaterally recognise equivalence. Legal certainty During the course of an application, the assessment criteria should not be modified with a view to treating applicants unfairly. They may need to have a reasonable time period to adjust to amended criteria or procedures. International Standards Acceptance of international standards could facilitate the evaluation of qualifications obtained abroad. Governments involved in standard-setting at the international level should ensure that this is done in as transparent a manner as possible in order to avoid capture by specific interest-groups. Necessity Article VI:4 indicates that the disciplines shall aim to ensure that measures of domestic regulation do not constitute unnecessary barriers to trade in services. Similar language can be found in Article 2.2 of the TBT Agreement and Article 5.6 of the SPS Agreement. The "necessity tests" under these Agreements focus on whether a legitimate objective chosen by a ϲʹ Member could equally be achieved by means of a reasonably available alternative that is less trade-restrictive. Developing Disciplines on Domestic Regulation Progress and State of Play In 2005, the ϲʹ Hong Kong Ministerial Declaration instructed negotiators to develop disciplines on domestic regulations and to adopt text for adoption before the end of the Round. While the negotiations are still on-going, several versions of a Chairman's text, which reflect drafting suggestions, have been produced. The latest version dates from March 2009. The envisaged disciplines, like the Accountancy Disciplines, are expected to contain chapters with specific requirements on transparency, disciplines on the submission and treatment of licensing and qualification applications, and the development and application of technical standards. In December 2010, the General Council called for an intensification of the Doha Round negotiations in all areas. Intensive consultations on a draft for disciplines for domestic regulation were held among Members during February until early April 2011. The Chairman of the Working Party on Domestic Regulation produced a Progress Report (S/WPDR/W/45) on 14 April 2011, reflecting the progress so far achieved in the negotiations of disciplines on domestic regulation. This Progress Report was attached to the Report by the Chairman of the Council on Trade in Services to the Trade Negotiations Committee (TN/S/36) dated 21 April 2011. The current state of play is characterised by unequal progress concerning various paragraphs of the draft disciplines. On some paragraphs agreement has been reached on an ad referendum basis; on others, language proposals have been reduced to a single alternative with brackets, in addition to the Chair's March 2009 text; while for paragraphs, multiple alternatives and language options remain. In addition, the question of whether a normative standard in the form of a "necessity test" should be included into the disciplines is still to be solved. Work on domestic regulation disciplines is expected to continue, with the next key date ahead in the DDA context being the Ministerial Conference at the end of 2011. __________ World Trade OrganizationS/L/64 17 December 1998(98-5140)Trade in Services DISCIPLINES ON DOMESTIC REGULATION IN THE ACCOUNTANCY SECTOR Adopted by the Council for Trade in Services on 14 December 1998 OBJECTIVES Having regard to the Ministerial Decision on Professional Services, Members have agreed to the following disciplines elaborating upon the provisions of the GATS relating to domestic regulation of the sector. The purpose of these disciplines is to facilitate trade in accountancy services by ensuring that domestic regulations affecting trade in accountancy services meet the requirements of Article VI:4 of the GATS. The disciplines therefore do not address measures subject to scheduling under ArticlesXVI and XVII of the GATS, which restrict access to the domestic market or limit the application of national treatment to foreign suppliers. Such measures are addressed in the GATS through the negotiation and scheduling of specific commitments. GENERAL PROVISIONS Members shall ensure that measures not subject to scheduling under Articles XVI or XVII of the GATS, relating to licensing requirements and procedures, technical standards and qualification requirements and procedures are not prepared, adopted or applied with a view to or with the effect of creating unnecessary barriers to trade in accountancy services. For this purpose, Members shall ensure that such measures are not more trade-restrictive than necessary to fulfil a legitimate objective. Legitimate objectives are, inter alia, the protection of consumers (which includes all users of accounting services and the public generally), the quality of the service, professional competence, and the integrity of the profession. TRANSPARENCY Members shall make publicly available, including through the enquiry and contact points established under Articles III and IV of the GATS, the names and addresses of competent authorities (i.e. governmental or non-governmental entities responsible for the licensing of professionals or firms, or accounting regulations). Members shall make publicly available, or shall ensure that their competent authorities make publicly available, including through the enquiry and contact points: where applicable, information describing the activities and professional titles which are regulated or which must comply with specific technical standards; requirements and procedures to obtain, renew or retain any licences or professional qualifications and the competent authorities' monitoring arrangements for ensuring compliance; information on technical standards; and upon request, confirmation that a particular professional or firm is licensed to practise within their jurisdiction. Members shall inform another Member, upon request, of the rationale behind domestic regulatory measures in the accountancy sector, in relation to legitimate objectives as referred to in paragraph2. When introducing measures which significantly affect trade in accountancy services, Members shall endeavour to provide opportunity for comment, and give consideration to such comments, before adoption. Details of procedures for the review of administrative decisions, as provided for by ArticleVI:2 of the GATS, shall be made public, including the prescribed time-limits, if any, for requesting such a review. LICENSING REQUIREMENTS Licensing requirements (i.e. the substantive requirements, other than qualification requirements, to be satisfied in order to obtain or renew an authorization to practice) shall be pre-established, publicly available and objective. Where residency requirements not subject to scheduling under Article XVII of the GATS exist, Members shall consider whether less trade restrictive means could be employed to achieve the purposes for which these requirements were set, taking into account costs and local conditions. Where membership of a professional organisation is required, in order to fulfil a legitimate objective in accordance with paragraph 2, Members shall ensure that the terms for membership are reasonable, and do not include conditions or pre-conditions unrelated to the fulfilment of such an objective. Where membership of a professional organization is required as a prior condition for application for a licence (i.e. an authorization to practice), the period of membership imposed before the application may be submitted shall be kept to a minimum. Members shall ensure that the use of firm names is not restricted, save in fulfilment of a legitimate objective. Members shall ensure that requirements regarding professional indemnity insurance for foreign applicants take into account any existing insurance coverage, in so far as it covers activities in its territory or the relevant jurisdiction in its territory and is consistent with the legislation of the host Member. Fees charged by the competent authorities shall reflect the administrative costs involved, and shall not represent an impediment in themselves to practising the relevant activity. This shall not preclude the recovery of any additional costs of verification of information, processing and examinations. A concessional fee for applicants from developing countries may be considered. LICENSING PROCEDURES Licensing procedures (i.e. the procedures to be followed for the submission and processing of an application for an authorization to practise) shall be pre-established, publicly available and objective, and shall not in themselves constitute a restriction on the supply of the service. Application procedures and the related documentation shall be not more burdensome than necessary to ensure that applicants fulfil qualification and licensing requirements. For example, competent authorities shall not require more documents than are strictly necessary for the purpose of licensing, and shall not impose unreasonable requirements regarding the format of documentation. Where minor errors are made in the completion of applications, applicants shall be given the opportunity to correct them. The establishment of the authenticity of documents shall be sought through the least burdensome procedure and, wherever possible, authenticated copies should be accepted in place of original documents. Members shall ensure that the receipt of an application is acknowledged promptly by the competent authority, and that applicants are informed without undue delay in cases where the application is incomplete. The competent authority shall inform the applicant of the decision concerning the completed application within a reasonable time after receipt, in principle within six months, separate from any periods in respect of qualification procedures referred to below. On request, an unsuccessful applicant shall be informed of the reasons for rejection of the application. An applicant shall be permitted, within reasonable limits, to resubmit applications for licensing. A licence, once granted, shall enter into effect immediately, in accordance with the terms and conditions specified therein. QUALIFICATION REQUIREMENTS A Member shall ensure that its competent authorities take account of qualifications acquired in the territory of another Member, on the basis of equivalency of education, experience and/or examination requirements. The scope of examinations and of any other qualification requirements shall be limited to subjects relevant to the activities for which authorization is sought. Qualification requirements may include education, examinations, practical training, experience and language skills. Members note the role which mutual recognition agreements can play in facilitating the process of verification of qualifications and/or in establishing equivalency of education. QUALIFICATION PROCEDURES Verification of an applicant's qualifications acquired in the territory of another Member shall take place within a reasonable time-frame, in principle within six months and, where applicants' qualifications fall short of requirements, shall result in a decision which identifies additional qualifications, if any, to be acquired by the applicant. Examinations shall be scheduled at reasonably frequent intervals, in principle at least once a year, and shall be open for all eligible applicants, including foreign and foreign-qualified applicants. Applicants shall be allowed a reasonable period for the submission of applications. Fees charged by the competent authorities shall reflect the administrative costs involved, and shall not represent an impediment in themselves to practising the relevant activity. This shall not preclude the recovery of any additional costs of verification of information, processing and examinations. A concessional fee for applicants from developing countries may be considered. Residency requirements not subject to scheduling under Article XVII of the GATS shall not be required for sitting examinations. TECHNICAL STANDARDS Members shall ensure that measures relating to technical standards are prepared, adopted and applied only to fulfil legitimate objectives. In determining whether a measure is in conformity with the obligations under paragraph2, account shall be taken of internationally recognized standards of relevant international organizations applied by that Member. APPENDIX For the purpose of clarity, the text of GATS Articles XVI and XVII is reproducedbelow. Article XVI Market Access 1. With respect to market access through the modes of supply identified in Article I, each Member shall accord services and service suppliers of any other Member treatment no less favourable than that provided for under the terms, limitations and conditions agreed and specified in its Schedule. 2. In sectors where market-access commitments are undertaken, the measures which a Member shall not maintain or adopt either on the basis of a regional subdivision or on the basis of its entire territory, unless otherwise specified in its Schedule, are defined as: limitations on the number of service suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirements of an economic needs test; limitations on the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test; limitations on the total number of service operations or on the total quantity of service output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test; limitations on the total number of natural persons that may be employed in a particular service sector or that a service supplier may employ and who are necessary for, and directly related to, the supply of a specific service in the form of numerical quotas or the requirement of an economic needs test; measures which restrict or require specific types of legal entity or joint venture through which a service supplier may supply a service; and limitations on the participation of foreign capital in terms of maximum percentage limit on foreign share-holding or the total value of individual or aggregate foreign investment. Article XVII National Treatment 1. In the sectors inscribed in its Schedule, and subject to any conditions and qualifications set out therein, each Member shall accord to services and service suppliers of any other Member, in respect of all measures affecting the supply of services, treatment no less favourable than that it accords to its own like services and service suppliers. 2. A Member may meet the requirement of paragraph 1 by according to services and service suppliers of any other Member, either formally identical treatment or formally different treatment to that it accords to its own like services and service suppliers. 3. Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of competition in favour of services or service suppliers of the Member compared to like services or service suppliers of any other Member. __________ World Trade OrganizationS/L/70 28 April 1999(99-1717)Trade in Services DECISION ON DOMESTIC REGULATION Adopted by the Council for Trade in Services on 26 April 1999 The Council for Trade in Services, Acting pursuant to Article IV of the Agreement establishing the World Trade Organization and Article XXIV of the General Agreement on Trade in Services (GATS), Having regard to paragraph 4 of Article VI of the GATS, Having regard to the Decision on Professional Services adopted by the Council on 1March1995 (S/L/3), Having regard to the Decision on Disciplines relating to the Accountancy Sector adopted by the Council on 14 December 1998 (S/L/63), Recognising the importance of domestic regulation in pursuing national policy objectives, Desiring to ensure that measures relating to domestic regulation do not constitute unnecessary barriers to trade in services, Decides as follows, A Working Party on Domestic Regulation shall be established and the Working Party on Professional Services shall cease to exist. In accordance with paragraph 4 of Article VI of the GATS, the Working Party shall develop any necessary disciplines to ensure that measures relating to licensing requirements and procedures, technical standards and qualification requirements and procedures do not constitute unnecessary barriers to trade in services. This shall also encompass the tasks assigned to the Working Party on Professional Services, including the development of general disciplines for professional services as required by paragraph 2 of the Decision on Disciplines Relating to the Accountancy Sector (S/L/63). In fulfilling its tasks the Working Party shall develop generally applicable disciplines and may develop disciplines as appropriate for individual sectors or groups thereof. The Working Party shall report to the Council with recommendations no later than the conclusion of the forthcoming round of services negotiations. _____________  This briefing document has been prepared by the Trade in Services Division of the ϲʹ Secretariat to help public understanding about the services negotiations. It is not an official record of the negotiations and does not necessarily represent the views of the ϲʹ Secretariat or of ϲʹ Members  A copy of the Accountancy Disciplines is attached.  The Decision on Domestic Regulation is attached.  The latest version of the Chairman's text is contained in the Room document dated 13 March 2009 and is commonly referred to as the Chairman's March 2009 text. This draft was prepared by the then Chairman under his own responsibility, with a view to registering progress in discussions that had taken place in the Working Party since February 2008. It was intended to provide a point of departure for the work of the WPDR, at that time, under its incoming Chairperson. The Chairman's March 2009 text was further discussed together with alternative proposals during the intensification of the DDA negotiations in the first quarter of March 2011. See section IV below.  GATS Article VII allows for recognition measures as long as there are adequate provisions for other Members to negotiate accession and/or achieve recognition of their requirements and certificates, and the measures do not constitute a means of discrimination or a disguised restriction on trade  The Secretariat, at the request of Members, prepared a background Note on "Necessity Tests" in the ϲʹ, S/WPDR/W/27/Add.1 and Corr.1.  The text of GATS Articles XVI and XVII is reproduced in an appendix to this document  The term "relevant international organizations" refers to international bodies whose membership is open to the relevant bodies of at least all Members of the ϲʹ.  If a Member undertakes a market-access commitment in relation to the supply of a service through the mode of supply referred to in subparagraph2(a) of ArticleI and if the cross-border movement of capital is an essential part of the service itself, that Member is thereby committed to allow such movement of capital. If a Member undertakes a market-access commitment in relation to the supply of a service through the mode of supply referred to in subparagraph2(c) of ArticleI, it is thereby committed to allow related transfers of capital into its territory.  Subparagraph 2(c) does not cover measures of a Member which limit inputs for the supply of services.  Specific commitments assumed under this Article shall not be construed to require any Member to compensate for any inherent competitive disadvantages which result from the foreign character of the relevant services or service supplies.     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