multilateral trade restricted mtn.gns/w/14 … · -drygoods, wholesale 541 wholesale trade...

MULTILATERAL TRADENEGOTIATIONSTHE URUGUAY ROUND

RESTRICTED

MTN.GNS/W/1430 June 1987

Special Distribution

Group of Negotiations on Services Original: English

COMMUNICATION FROM CANADA

Inventory of Barriers to Canadian Service Export

The following communication is circulated at the request of thedelegation of Canada to the members of the Group of Negotiations on Services.

GATT SECRETARIATUR-87-0164

MTN.GNS/W/14

Inventory of Barriers to Canadian Service Exports

As part of our initial preparation fornegotiations on trade in services, the Canadian Governmentsought the views of the private sector and other sourcesconcerning Canada's export interests in services and thebarriers faced in gaining access to markets abroad. Thisexercise yielded information on a large number of perceivedbarriers.

In compiling an inventory, we have taken aninclusive approach and the results should not be construednecessarily as reflecting Canadian negotiating priorities.While we have used the best information available on eachbarrier, some of the entries may not be entirely accurate.We are continuing to revise and upgrade the inventory as newinformation in received.

To deal with such a diverse body of information,it was necessary to adopt a classification scheme. Thescheme allows us to store the data on barriers in aconsistent format, to relate practical information receivedfrom industry to the policy issues that are being discussedin several international fora, and to produce reports basedon a number of policy criteria for eventual use by tradenegotiators.

We have developed a computer program that providesfor the entry of data from a standard form, the key elementsof which are: the country; the industry sector code; thetype of barrier, the detailed description; and thelegislative or policy instrument on which the measure isbased. The computer system can prepare reports in a varietyof formats. It can reproduce all the information in theinventory or it can select only the most important elementsfor policy analysis, leaving out secondary details such asthe sources of the information.

In each report, the information may be grouped bycountry, by industry sector, by type of barrier or bycombinations of the above. For example, a report could beprepared showing operating limits or requirements thataffect trade in transportation services with the EuropeanCommunity and its member states. The information could beordered by country or by specific sub-sectors of thetransportation sector.

For illustrative and discussion purposes, theattached report reproduces in a condensed format a selectionof the entries from the inventory as examples 9f the varioustypes of barriers. In keeping with the approach to thenegotiations which we took in our opening statement to theGNS in February 1987, we have omitted all entries that refer

MTN.GNS/W/14

solely to establishment/investment barriers. It has notbeen possible, however, to avoid all references toestablishment/investment issues the text of the reportbecause some of the entries involved a combination ofbarrier types.

Most of the barriers in the report are describedin generic terms. Some items, however, contain referencesof particular interest to Canada.

Attachments:

A - Types of barriers

The classification scheme for barriers was derivedfrom the work of R. Krommenacker, See chapter fiveof his book World-Traded Services: The Challenge forthe Eighties.

B - Sectors

The list of sectors is drawn from the CanadianGovernment's Standard Industrial, ClassificationManual for Service Industries, published in 1980.The United States Department of Commerce has produceda correlation of the U.S. Services IndustryClassification Codes with the corresponding codes ofCanada, France, the Federal Republic of Germany, Italy,Japan and the United Kingdom.

C Selected barriers

This report contains selected entries from theinventory of barriers, in a condensed format, arrangedby type of barrier.

MTN.GNS/W/14

Attachment "All

TYPES OF BARRIERS AND CODES

BARRIER TYPE CODE

BARRIERS TO MOVEMENT OF PERSONNEL BMP

EXCHANGE CONTROLS EC

GOVERNMENT DUMPING GD

GOVERNMENT MONOPOLY GM

GOVERNMENT PROCUREMENT GP

GOVERNMENT SANCTIONED PRIVATE MONOPOLY/OLIGOPOLY GSPMO

GOVERNMENT SUBSIDIES/DOMESTIC GSD

GOVERNMENT SUBSIDIES/EXPORT GSE

LOCAL SUPPLY REQUIREMENT LSR

MISCELLANEOUS MISC

OPERATING LIMITS OR REQUIREMENTS OLR

PRICE REGULATION PR

PROFESSIONAL QUALIFICATIONS PQ

QUANTITATIVE IMPORT RESTRICTIONS QIR

TAXES AND OTHER CHARGES TOC

TECHNICAL BARRIERS TB

MTN.GNS/W/14Attachment "B" Page '.5

Summary of Sector Codes (by Code)

Code Division + Sector

1 ALL DIVISIONS-ALL SECTORS

92 MINING (INCLUDING MILLING) ,QUARRYING AND OIL WELLINDUSTRIES-SERVICES INCIDENTAL TO MINING

401 GENERAL CONTRACTORS DIVISION-RESIDENTIAL BUILDING AND DEVELOPMENT

402 GENERAL CONTRACTORS DIVISION-NON-RESIDENTIAL BUILDING AND DEVELOPMENT

411 GENERAL CONTRACTORS DIVISION-INDUSTRIAL CONSTRUCTION (OTHER THAN BUILDINGS)

412 GENERAL CONTRACTORS DIVISION-HIGHWAY AND HEAVY CONSTRUCTION

420 TRADE CONTRACTORS DIVISION-ALL CONSTRUCTION SUBTRADES

421 TRADE CONTRACTORS DIVISION-SITE WORK

422 TRADE CONTRACTORS DIVISION-STRUCTURAL AND RELATED WORK

423 TRADE CONTRACTORS DIVISION-EXTERIOR CLOSE-IN WORK

424 TRADE CONTRACTORS DIVISION-PLUMBING, HEATING AND AIR CONDITIONING,MECHANICAL WORK

425 TRADE CONTRACTORS DIVISION-MECHANICAL SPECIALT1Y WORK

426 TRADE CONTRACTORS DIVISION-ELECTRICAL WORK

427 TRADE CONTRACTORS DIVISION-INTERIOR & FINISHING WORK

429 TRADE CONTRACTORS DIVISION-OTHER TRADE WORK

441 CONSULTING SERVICES DIVISION-PROJECT MANAGEMENT, CONSTRUCTION

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451 AIR TRANSPORTATION DIVISION-AIR TRANSPORT INDUSTRIES

452 AIR TRANSPORTATION DIVISION-SERVICE INDUSTRIES, INCIDENTAL TO AIR TRANSPORT

453 SURFACE TRANSPORTATION (ROAD & RAIL) DIVISION-RAILWAY TRANSPORT AND RELATED SERVICE INDUSTRIES

454 MARITIME TRANSPORTATION DIVISION-WATER TRANSPORT INDUSTRIES

455 MARITIME TRANSPORTATION DIVISION-SERVICE INDUSTRIES INCIDENTAL TO WATER TRANSPORT

456 SURFACE TRANSPORTATION (ROAD & RAIL) DIVISION-TRUCK TRANSPORT INDUSTRIES

457 SURFACE TRANSPORTATION (ROAD & RAIL) DIVISION-PUBLIC PASSENGER TRANSIT SYSTEMS INDUSTRIES

458 SURFACE TRANSPORTATION (ROAD & RAIL) DIVISION-OTHER TRANSPORTATION INDUSTRIES

459 TRAFFIC SERVICES DIVISION-OTHER SERVICE INDUSTRIES INCIDENTAL TOTRANSPORTATION

461 SURFACE TRANSPORTATION (ROAD & RAIL) DIVISION-PIPELINE TRANSPORT INDUSTRIES

471 TRAFFIC SERVICES DIVISION-GRAIN ELEVATOR INDUSTRY

479 TRAFFIC SERVICES DIVISION-OTHER STORAGE & RETAINING INDUSTRIES

481 COMMUNICATIONS AND OTHER UTILITIES DIVISION-TELECOMMUNICATION BROADCASTING INDUSTRIES

482 COMMUNICATIONS AND OTHER UTILITIES DIVISION-TELECOMMUNICATION CARRIERS INDUSTRY

483 COMMUNICATIONS AND OTHER UTILITIES DIVISION-OTHER TELECOMMUNICATION INDUSTRIES

491 COMMUNICATIONS AND OTHER UTILITIES DIVISION-ELECTRIC POWER SYSTEMS INDUSTRY

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492 COMMUNICATIONS AND OTHER UTILITIES DIVISION-GAS DISTRIBUTION SYSTEMS INDUSTRY

493 COMMUNICATIONS AND OTHER UTILITIES DIVISION-WATER SYSTEMS INDUSTRY

499 COMMUNICATIONS AND OTHER UTILITIES DIVISION-OTHER UTILITY INDUSTRIES

500 DISTRIBUTION SERVICES DIVISION-WHOLESALE TRADE, GENERAL

50Q1 WHOLESALE TRADE DIVISION-FARM PRODUCTS, WHOLESALE

511 WHOLESALE TRADE DIVISION-PETROLEUM PRODUCTS, WHOLESALE

521 WHOLESALE TRADE DIVISION-FOOD, WHOLESALE

522 WHOLESALE TRADE DIVISION-BEVERAGES, WHOLESALE

5923 WHOLESALE TRADE DIVISION-DRUGS AND TOILET PREPARATIONS, WHOLESALE

524 WHOLESALE TRADE DIVISION-TOBACCO PRODUCTS, WHOLESALE

531 WHOLESALE TRADE DIVISION-APPAREL, WHOLESALE

532 WHOLESALE TRADE DIVISION-DRYGOODS, WHOLESALE

541 WHOLESALE TRADE DIVISION-ELECTRICAL AND ELECTRONIC HOUSEHOLD APPLIANCESAND PARTS, WHOLESALE

542 WHOLESALE TRADE DIVISION-HOUSEHOLD FURNITURE, WHOLESALE

543 WHOLESALE TRADE DIVISION-HOUSEHOLD FURNISHINGS, WHOLESALE

561 WHOLESALE TRADE DIVISION-METAL AND METAL PRODUCTS, WHOLESALE

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Code Division + Sector- --- -.---- -- - ----- -------- -------- ----- -------- - - ----- --- -

562 WHOLESALE TRADE DIVISION-HARDWARE AND PLUMBING, HEATING AND AIRCONDITIONING EQUIPMENT AND SUPPLIES, WHOLESALE

563 WHOLESALE TRADE DIVISION-LUMBER AND BUILDING MATERIALS, WHOLESALE

571 WHOLESALE TRADE DIVISION-FARM MACHINERY EQUIPMENT SUPPLIES, WHOLESALE

572 WHOLESALE TRADE DIVISION-CONSTRUCTION, FORESTRY MINING MACHINERY &EQUIPWHOLESALE

573 WHOLESALE TRADE DIVISION-INDUL MACHINERY & EQUIPMENT, WHOLESALE

574 WHOLESALE TRADE DIVISION-ELECTRICAL AND ELECTRONIC MACHINERY, EQUIPMENTAND SIES, WHOLESALE

579 WHOLESALE TRADE DIVISION-OTHER MACHINERY, EQUIPMENT AND SUPPLIES, WHOLESALE

591 WHOLESALE TRADE DIVISION-WASTE MATERIALS, WHOLESALE

592 WHOLESALE TRADE DIVISION-PAPER AND PAPER PRODUCTS, WHOLESALE

594 WHOLESALE TRADE DIVISION-TOYS, AMUSEMENT AND SPORTING GOODS, WHOLESALE

595 WHOLESALE TRADE DIVISION-PHOTOGRAPHIC EQIUPMENT AND MUSICAL INSTRUMENTSAND SUPPLIES, WHOLESALE

596 WHOLESALE TRADE DIVISION-JEWELLERY AND WATCHES, WHOLESALE

597 WHOLESALE TRADE DIVISION-INDUSTRIAL AND HOUSEHOLD CHEMICALS, WHOLESALE

598 WHOLESALE TRADE DIVISION-GENERAL MERCHANDISE, WHOLESALE

599 WHOLESALE TRADE DIVISION-OTHER PRODUCTS, N.E.C., WHOLESALE

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600 DISTRIBUTION SERVICES DIVISION-RETAIL TRADE, GENERAL

601 RETAIL TRADE DIVISION-FOOD STORES

602 RETAIL TRADE DIVISION-LIQUOR, WINE AND BEER STORES

603 RETAIL TRADE DIVISION-PRESCRIPTION DRUGS AND PATENT MEDICINE STORES

611 RETAIL TRADE DIVISION-SHOE STORES

612 RETAIL TRADE DIVISION-MEN'S CLOTHING STORES

613 RETAIL TRADE DIVISION-WOMEN'S CLOTHING STORES

614 RETAIL TRADE DIVISION-CLOTHING STORES, N.E.C.

615 RETAIL TRADE DIVISION-FABRIC AND YARN STORES

621 RETAIL TRADE DIVISION-HOUSEHOLD FURNITURE STORES

622 RETAIL TRADE DIVISION-APPLIANCE, TELEVISION, RADIO AND STEREO STORES

623 RETAIL TRADE DIVISION-HOUSEHOLD FURNISHING STORES

631 RETAIL TRADE DIVISION-AUTOMOBILE DEALERS

632 RETAIL TRADE DIVISION-RECREATIONAL VEHICLE DEALERS

633 RETAIL TRADE DIVISION-GASOLINE SERVICE STATIONS

634 RETAIL TRADE DIVISION-AUTOMOBILE PARTS AND ACCESSORIES STORES

635 RETAIL TRADE DIVISION-MOTOR VEHICLE REPAIR STORES

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Code Division + Sector____.- -- ---- ---- - -'- - --- -- ---------------- --- --- --- --- ---

639 RETAIL TRADE DIVISION-OTHER MOTOR VEHICLE SERVICES

641 RETAIL TRADE DIVISION-GENERAL MERCHANDISE STORES

651 RETAIL TRADE DIVISION-BOOK AND STATIONERY STORES

652 - RETAIL TRADE DIVISION-FLORISTS, LAWN AND GARDEN CENTRES

653 RETAIL TRADE DIVISION-HARDWARE, PAINT, GLASS AND WALLPAPER STORES

654 RETAIL TRADE DIVISION-SPORTING GOODS AND BICYCLE SHOPS

655 RETAIL TRADE DIVISION-MUSICAL INSTRUMENT AND RECORD STORES

656 RETAIL TRADE DIVISION-JEWELLERY STORES AND WATCH AND JEWELLERY REPAIRSHOPS

657 RETAIL TRADE DIVISION-CAMERA AND PHOTOGRAPHIC SUPPLY STORES

658 RETAIL TRADE DIVISION-TOY, CAMERA, NOVELTY AND SOUVENIR STORES

659 RETAIL TRADE DIVISION-OTHER RETAIL STORES

691 RETAIL TRADE DIVISION-VENDING MACHINE OPERATORS

692 RETAIL TRADE DIVISION-DIRECT SELLERSE OPERATORS

701 FINANCE AND INSURANCE DIVISION-CENTRAL BANK

702 FINANCE AND INSURANCE DIVISION-CHARTERED BANKS AND OTHER BANKING-TYPEINTERMEDIARIES

703 FINANCE AND INSURANCE DIVISION-TRUST COMPANIES

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704 FINANCE AND INSURANCE DIVISION-DEPOSIT ACCEPTING MORTGAGE COMPANIES

705 FINANCE AND INSURANCE DIVISION-CREDIT UNIONS

709 FINANCE AND INSURANCE DIVISION-OTHER DEPOSIT ACCEPTING INTERMEDIARIES

711 FINANCE AND INSURANCE DIVISION-CONSUMER LOAN COMPANIES

712 FINANCE AND INSURANCE DIVISION-BUSINESS FINANCE COMPANIES

721 FINANCE AND INSURANCE DIVISION-PORTFOLIO INVESTMENT INTERMEDIARIES

722 FINANCE AND INSURANCE DIVISION-MORTGAGE COMPANIES

729 FINANCE AND INSURANCE DIVISION-OTHER INVESTMENT INTERMEDIARIES

731 FINANCE AND INSURANCE DIVISION-LIFE INSURANCE CARRIERS

732 FINANCE AND INSURANCE DIVISION-DEPOSIT INSURERS

733 FINANCE AND INSURANCE DIVISION-PROPERTY AND CASUALTY INSURERS

741 FINANCE AND INSURANCE DIVISION.-SECURITY BROKERS AND DEALERS

742 FINANCE AND INSURANCE DIVISION-MORTGAGE BROKERS

743 FINANCE AND INSURANCE DIVISION-SECURITY AND COMMODITY EXCHANGES

749 FINANCE AND INSURANCE DIVISION-OTHER FINANCIAL INTERMEDIARIES

761 REAL ESTATE OPERATORS AND INSURANCE AGENTSDIVISION-INSURANCE AND REAL ESTATE AGENCIES

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771 COMPUTER AND OTHER BUSINESS SERVICES DIVISION-EMPLOYMENT AGENCIES & PERSONNEL SUPPLIERS

772 COMPUTER AND OTHER BUSINESS SERVICES DIVISION-COMPUTER AND RELATED SERVICES

773 COMPUTER AND OTHER BUSINESS SERVICES DIVISION-ACCOUNTING AND BOOKKEEPING SERVICES

774 COMPUTER AND OTHER BUSINESS SERVICES DIVISION-ADVERTISING SERVICES

776 COMPUTER AND OTHER BUSINESS SERVICES DIVISION-OFFICES OF LAWYERS

777 CONSULTING SERVICES DIVISION-MANAGEMENT CONSULTING SERVICES

779 COMPUTER AND OTHER BUSINESS SERVICES DIVISION-OTHER BUSINESS SERVICES

851 EDUCATION SERVICES DIVISION-ELEMENTARY AND SECONDARY EDUCATION

852 EDUCATION SERVICES DIVISION-POST-SECONDARY NON-UNIVERSITY EDUCATION

853 EDUCATION SERVICES DIVISION-UNIVERSITY EDUCATION

854 EDUCATION SERVICES DIVISION-LIBRARY SERVICES

855 EDUCATION SERVICES DIVISION-MUSEUMS AND ARCHIVES

859 EDUCATION SERVICES DIVISION-OTHER EDUCATIONAL SERVICES

861 HEALTH AND SOCIAL SERVICES DIVISION-HOSPITALS

862 HEALTH AND SOCIAL SERVICES DIVISION-OTHER INSTITUTIONAL HEALTH AND SOCIAL SERVICES

863 HEALTH AND SOCIAL SERVICES DIVISION-NON-INSTITUTIONAL HEALTH SERVICES

864 HEALTH AND SOCIAL SERVICES DIVISION-NON-INSTITUTIONAL SOCIAL SERVICES

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865 HEALTH AND SOCIAL SERVICES DIVISION-OFFICES OF PHYSICIANS, SURGEONS AND DENTISTS,PRIVATE PRACTICE

866 HEALTH AND SOCIAL SERVICES DIVISION-OFFICES OF OTHER HEALTH PRACTITIONERS

867 HEALTH AND SOCIAL SERVICES DIVISION-OFFICES OF SOCIAL SERVICES PRACTITIONERS

868 HEALTH AND SOCIAL SERVICES DIVISION-MEDICAL AND OTHER HEALTH LABORATORIES

869 HEALTH AND SOCIAL SERVICES DIVISION-HEALTH AND SOCIAL SERVICES ASSOCIATIONS ANDAGENCIES

911 ACCOMMODATION, FOOD AND BEVERAGE SERVICES DIVISION-HOTELS, MOTELS AND TOURIST COURTS

912 ACCOMMODATION, FOOD AND BEVERAGE SERVICES DIVISION-LODGING HOUSES AND RESIDENTIAL CLUBS

913 ACCOMMODATION, FOOD AND BEVERAGE SERVICES DIVISION-CAMPING GROUNDS AND TRAVEL TRAILER PARKS

914 ACCOMMODATION, FOOD AND BEVERAGE SERVICES DIVISION-RECREATIONAL AND VACATION CAMPS

921 ACCOMMODATION, FOOD AND BEVERAGE SERVICES DIVISION-FOOD SERVICES

922 ACCOMMODATION, FOOD AND BEVERAGE SERVICES DIVISION-TAVERNS, BARS AND NIGHT CLUBS

961 OTHER SERVICES DIVISION-MOTION PICTURE, AUDIO AND VIDEO PRODUCTIONS ANDDISTRIBUTION

962 OTHER SERVICES DIVISION-MOTION PICTURE EXHIBITION

963 OTHER SERVICES DIVISION-THEATRICAL AND OTHER STAGED ENTERTAINMENT SERVICES

964 OTHER SERVICES DIVISION-COMMERCIAL SPECTATOR SPORTS

965 OTHER SERVICES DIVISION-SPORTS AND RECREATIONAL CLUBS AND SERVICES

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Code Division + Sector.,

966 OTHER SERVICES DIVISION-GAMBLING ORGANI ZATIONS

969 OTHER SERVICES DIVISION-OTHER AMUSEMENT AND RECREATIONAL SERVICES (EXC.9696)

971 OTHER SERVICES DIVISION-BARBER AND BEAUTY SHOPS

972 OTHER SERVICES DIVISION-LAUNDRIES AND CLEANERS

973 OTHER SERVICES DIVISION-FUNERAL SERVICES

974 OTHER SERVICES DIVISION-PRIVATE HOUSEHOLDS

979 OTHER SERVICES DIVISION-OTHER PERSONAL AND HOUSEHOLD SERVICES

981 MEMBERSHIP ORGANIZATIONS DIVISION-RELIGIOUS ORGANIZATIONS

982 MEMBERSHIP ORGANIZATIONS DIVISION-BUSINESS ASSOCIATIONS

983 MEMBERSHIP ORGANIZATIONS DIVISION-PROFESSIONAL MEMBERSHIP ASSOCIATIONS

984 MEMBERSHIP ORGANIZATIONS DIVISION-LABOUR ORGANIZATIONS

985 MEMBERSHIP ORGANIZATIONS DIVISION-POLITICAL ORGANIZATIONS

986 MEMBERSHIP ORGANIZATIONS DIVISION-CIVIC AND FRATERNAL ORGANIZATIONS

991 OTHER SERVICES DIVISION-MACHINERY AND EQUIPMENT RENTAL AND LEASINGSERVICES

992 OTHER SERVICES DIVISION-AUTOMOBILE AND TRUCK RENTAL AND LEASING SERVICES

993 OTHER SERVICES DIVISION-PHOTOGRAPHERS

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994 OTHER SERVICES DIVISION-OTHER REPAIR SERVICES

995 OTHER SERVICES DIVISION-SERVICES TO BUILDINGS AND DWELLINGS

996 OTHER SERVICES DIVISION-TRAVEL SERVICES

999 OTHER SERVICES DIVISION-OTHER SERVICES, N.E.S.

4491 REAL ESTATE DEVELOPERS & OPERATORS DIVISION-LAND DEVELOPERS

4499 REAL ESTATE DEVELOPERS & OPERATORS DIVISION-OTHER SERVICES INCIDENTAL TO CONSTRUCTION N.E.C.(PART)

4592 TRANSPORTATION SERVICES: DIVISION-FREIGHT FORWARDING

4842 TRAFFIC SERVICES DIVISION-COURIER SERVICE INDUSTRY

7339 TRAFFIC SERVICES DIVISION-OTHER PROPERTY AND CASUALTY INSURERS (MARINEINSURANCE)

7511 REAL ESTATE DEVELOPERS & OPERATORS DIVISION-OPERATORS OF RESIDENTIAL BUILDINGS AND DWELLINGS

7512 REAL ESTATE DEVELOPERS & OPERATORS DIVISION-OPERATORS OF NON-RESIDENTIAL BUILDINGS

7599 REAL ESTATE DEVELOPERS & OPERATORS DIVISION-OTHER REAL ESTATE OPERATORS

7751 CONSULTING SERVICES DIVISION-OFFICES OF ARCHITECTS

7752 CONSULTING SERVICES DIVISION-OFFICES OF ENGINEERS

7759 CONSULTING SERVICES DIVISION-OTHER SCIENTIFIC AND TECHNICAL SERVICES

7794 TRAFFIC SERVICES DIVISION-CUSTOMS BROKERS

MTN.GNS/W/14 Attachment "C"

BARRIERS TO MOVEMENT OF PERSONNEL

AUSTRALIA AST-3

ALL SECTORS

There are immigration/visa difficulties for the entryof key management and technical personnel. A jointventure agreement in the service sector will oftenrequire the transfer of skills to Australianemployees. Even when skill transfer would requireonly a short training period, Australian regulationsinvolve a long process, including advertising threetimes, before personnel may enter, with the resultthat an outside firm is often unable to have staff inAustralia to obtain the business.

Note: the following changes to the temporary entrypolicy took effect the week of May 25, 1987 -

- Companies will be able to make arrangements withthe Department of Immigration for streamlined healthand character checks, which are the main impedimentsto a speedy entry.

- Staff of foreign companies will not be subject tothe present Australian labour market test if theirposting is for 12 months or less. (Previously,postings of more than four months required testingagainst the local labour market to ensure that thejob could not be done by an Australian resident.)

- Parent companies overseas will be able to lodgesimultaneously sponsorship proposals and visaapplications, and to do so directly at an overseaspost, where the proposed stay is up to 12 months.(Previously, sponsorship proposals had to be lodgedin Australia by a local branch of the company.)

---------------------------------------------------_____________-_


THAILAND THL-8

ALL SECTORS

All foreigners must obtain work permits from theLabour Department before working in Thailand. Thegranting of permits is discretionary and permits forcertain occupations, including engineering,accounting, architecture and law are difficult toobtain. Labour Department inspectors interpret Thailabciur law that foreign business people need workpermits to visit their agents, joint ventures andclients.

MTN.GNS/W/14

THAILAND (Continued ...) THL-8

Alien Occupation Act B.E. 2521


UNITED KINGDOM UKM-11

ALL SECTORS

The right of establishment for individuals in theU.K. is very restrictive. Special approvals formanagers of Canadian firms are regularly granted,but in each case the applicant must show that noqualified person in the EEC is available.

The question of whether the individual is working ona temporary basis could give rise to legaldifficulties. This can create problems, particularlyfor smaller consulting firms.


UNITED STATES OF AMERICA USA-133

COMPUTER AND RELATED SERVICES

Border crossing by computer consultants and otherprofessionals is a problem even when the visit islimited to professional consultation and presentationof work carried out in Canada.

Fly America Act

International Transportation Fair CompetitivePractices Act of 1974, as amended 49 USC 1517.

Administered by Office of Acquisition Policy of USAGeneral Services Administration.

EXCHANGE CONTROLS

BRAZIL BZL-32

OFFICES OF ENGINEERS

Foreign engineers experience serious difficultieswith respect to repatriation of profits, as themaximum permitted is approximately 12% per year ofinitial capital transferred to Brazil, which forconsulting firms is usually much less than the feesearned.

MTN. GNS/W/14

BRAZIL (Continued .0.) BZL-32

The National Monetary Council establishes thepolicies and the Central Bank of Brazil implementsthem.

--____________________-_--

EXCHANGE CONTROLS

GREECE GRE-2

OFFICES OF ENGINEERS, MANAGEMENT CONSULTING SERVICES, RESIDENTIALBUILDING AND DEVELOPMENT, NON-RESIDENTIAL BUILDING AND DEVELOPMENT,INDUSTRIAL CONSTRUCTION (OTHER THAN BUILDINGS), HIGHWAY AND HEAVYCONSTRUCTION, ALL CONSTRUCTION SUBTRADES, CHARTERED BANKS AND OTHERBANKING-TYPE INTERMEDIARIES, COMPUTER AND RELATED SERVICES

Invested capital can be repatriated at a rate of only10% per annum and profits at 12% per annum.

EXCHANGE CONTROLS

ITALY ITL-5

PROJECT MANAGEMENT, CONSTRUCTION, OFFICES OF ENGINEERS

A "technology agreement" between a foreign companyand its Italian client must be presented to anItalian bank for foreign exchange clearance to ensurethere are no difficulties with repatriation ofearnings in construction/engineering service contract.

Italian Exchange Control Commission.

--- -- - -- -- - -- -- - ----- ---- ---_____---_ ..------------

EXCHANGE CONTROLS

KOREA KOR-13

ALL SECTORS

Remittances abroad of more than $5,000 (U.S.) musthave Ministry of Finance approval. (Banks may remitsums under $5,000, but the Ministry reviews monthlystatements). The basis for remittances must beexplained and relevant contracts submitted. If costsrepresent fair market values, necessary approvalsshould be available, although procedures can beburdensome.

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GOVERNMENT MONOPOLY

AUSTRIA AUS-3

TELECOMMUNICATION CARRIERS INDUSTRY

The PTT has a monopoly on telephone service.

Legislation governing PTT functions is contained in:

1. Beforderungsvorbehalt Bundesgesetzblatt 58(1957)

2. Fernmeldegesetz - Bundesgesetzblatt 170 (1979)

3. A number of federal regulations governing theactivities of PTT.

GOVERNMENT MONOPOLY

FRANCE FRA- 29

RAILWAY TRANSPORT AND RELATED SERVICE INDUSTRIES, TELECOMMUNICATIONCARRIERS INDUSTRY

Rail transport and telecommunications (telephone,telex, digital transmission service, bursttransmission network) are organized as governmentmonopolies. The General Directorate ofTelecommunications is alone competent to test andauthorize the establishment and use oftelecommunications installations and equipment.

GOVERNMENT MONOPOLY

INDIA INI-7

AIR TRANSPORT INDUSTRIES

A Canadian airline is forced to use Air India groundhandling services at Bombay airport, although this isnot stipulated in the air services agreement. AirIndia is free to choose its own ground handlingagency in Canada.

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GOVERNMENT MONOPOLY, OPERATING LIMITS OR REQUIREMENTS

JAPAN JPN-14


Japan Air Lines (JAL) is virtually the only airlineflying from Osaka, Japan's second largest market, toNarita, Japan's major international airport. Theonly other line with Osaka/Narita flights is BritishAirways and it lacks time slots that connect wellwith international flights. JAL has been known torefuse to book groups from Osaka to Narita when theywant to connect with Canadian flights from Narita toVancouver, while being willing to book the samegroups from Osaka to Narita when they are taking JALflights to Vancouver.

GOVERNMENT MONOPOLY

NETHERLANDS NET-1l

RAILWAY TRANSPORT AND RELATED SERVICE INDUSTRIES, OTHER UTILITYINDUSTRIES, TELECOMMUNICATION CARRIERS INDUSTRY, TELECOMMUNICATIONBROADCASTING INDUSTRIES

The following sectors are government monopolies:railways, post office, telephone and telegraph, radioand television broadcasting. (A review is underwayto define, prior to 1 January 1989 when a newtelecommunications structure will come into force,which PTT services should remain a. monopoly and whichwill be offered in an open market.)

GOVERNMENT PROCUREMENT

INDIA INI-21


Local consulting engineers receive a preference onall government contracts.

Government awards fifteen percent price advantage tothe National Projects Construction Corporation(Engineering Consultants) Ltd. (a Government-ownedcorporation on all competitive contracts.

MTN.GNS/W/14

GOVERNMENT PROCUREMENT LOCAL SUPPLY REQUIREMENT

NEW ZEALAND NZD-1

ALL SECTORS

The government has stated its intention ofencouraging the use of N.Z. resources in projectswith capital values exceeding $20 million (N.Z.).While the "Major Goods Policy" is not legallymandatory, the government adheres to the policy andhas reaffirmed it as recently as February, 1987.

The policy provides for the optimum use of N.Z.engineering and consulting firms, maximization ofemployment opportunities for N.Z. workers andtraining to upgrade their skills and requirements tosubmit resource use plans.

The policy covers the conception, feasibility andplanning studies, as well as design management andprocurement.

In the private sector, the major companies have asimilar practice concerning the use of N.Z.consulting resources.


PERU PER-4

PROJECT MANAGEMENT, CONSTRUCTION, OFFICES OF ENGINEERS, MANAGEMENTCONSULTING SERVICES

All consultants must register before obtaining anywork for public, state or mixed enterprises. Thenational registry of consultants requires companiesand individuals to register as national, foreign ormixed. In calls for bids, Peru may establish aranking or restriction in favour of nationalconsultants.



OFFICES OF ARCHITECTS, OFFICES OF ENGINEERS, MANAGEMENT CONSULTINGSERVICES

U.S. procurement policies favour U.S. firms inarchitectural, engineering, business and managementconsulting. Among the most prominent preferences isthe 80% federally financed Surface TransportationAssistance Act. Various states have formal orinformal consulting procurement preferences.

MTN.GNS/W/ 14

UNITED STATES OF AMERICA (Continued .0)USA-48

U.S. Surface Transportation Assistance Act, 1982.



ALL SECTORS

The Buy America Act gives preference in FederalGovernment procurement to U.S. firms.

Buy America Act 41 USCA.

GOVERNMENT SANCTIONED PRIVATE MONOPOLY/OLIGOPOLY


MOTION PICTURE, AUDIO AND VIDEO PRODUCTIONS AND DISTRIBUTION, MOTIONPICTURE EXHIBITION

Foreign films, as well as U.S. ones, must comply withThe.Motion Picture Rating System Advertising CodeAdministration. For Canadian films, such complianceadds significantly to distribution costs. Alladvertising for rated motion pictures (about 85% ofexhibitors) must be submitted to the advertising codeadministration for approval prior to the release ofthe film to the public. This includes (but is notlimited to) print, radio, television, pressbook andtheatrical trailers.

MTN.GNS/W/ 14

GOVERNMENTSUBSIDIES/DOMESTIC,GOVERNMENT SUBSIDIES/EXPORT

FEDERAL REPUBLIC OF GERMANY FRG-18


Lufthansa. benefits from substantial government loanswith no fixed term on repayment obligations, on whichit pays a fixed rate of 5%.

GOVERNMENT SUBSIDIES/DOMESTIC, GOVERNMENT SUBSIDIES/EXPORT

ITALY ITL-12

NOTION PICTURE, AUDIO AND VIDEO PRODUCTIONS AND DISTRIBUTION, MOTIONPICTURE EXHIBITION

The government subsidises the film industry throughadmission tax rebates on Italian and other EEC filmsand through easy loans and direct aid to theindustry itself.

Ordinamento Generale Della Cinematografia,4 November 1965 - NBR 1213 - Amended April 1986.

GOVERNMENT SUBSIDIES/DOMESTIC

JAPAN JPN-17

RESIDENTIAL BUILDING AND DEVELOPMENT, NON-RESIDENTIAL BUILDING ANDDEVELOPMENT, INDUSTRIAL CONSTRUCTION (OTHER THAN BUILDINGS), HIGHWAYAND HEAVY CONSTRUCTION, ALL CONSTRUCTION SUBTRADES, PROJECTMANAGEMENT, CONSTRUCTION, OFFICES OF ENGINEERS

The government finances pre-bid surveys and providesinsurance against cost inflation for local bidders.

KOREA KOR-20

OFFICES OF ENGINEERS, RESIDENTIAL BUILDING AND DEVELOPMENT,NON-RESIDENTIAL BUILDING AND DEVELOPMENT, INDUSTRIAL CONSTRUCTION(OTHER THAN BUILDINGS), HIGHWAY AND HEAVY CONSTRUCTION, ALLCONSTRUCTION SUBTRADES

Domestic firms enjoy an advantage over foreign oneson bids for contacts, because of government financingof pre-bid surveys and government insurance againstcost inflation.

MTN.GNS/W/14

KOREA (Continued ...) KOR-20

Bidding Regulations, Office of Supply, Republic ofKorea.

GOVERNMENT SUBSIDIES/DOMESTIC, GOVERNMENT SUBSIDIES/EXPORT


WATER TRANSPORT INDUSTRIES

Two kinds of subsidies are provided for vesselsengaged in foreign trade: a constructiondifferential subsidy and an operating differentialsubsidy.

To qualify for the subsidies, the corporation owningthe vessel must not only meet the U.S. registrationrequirements, but also come within the Shipping Actprovision requiring vessels not in coasting trade tohave a "controlling" or a. "majority" U.S. interest.The construction differential subsidy compensates forthe difference between U.S. and foreign costs ofconstruction of shipyards or vessels to be used inforeign commerce. There is no requirement, however,that the construction differential subsidy benecessary to meet foreign flag competition. Toreceive a subsidy, a vessel must merely be engaged inforeign commerce and improve U.S. foreign trade by,e.g. being more advanced or having a longer projectedlife than existing vessels. The operatingdifferential subsidy compensates for the higher costof insurance and crew wages when a vessel flies underthe U.S. flag. The operating differential subsidy isavailable only to vessels engaged in foreign tradethat provide an essential service, i.e. shippagealong administratively defined U.S. trade routes.Moreover, for the company to receive an operatingdifferential sub .dy all of its directors must beU.S. citizens. Any person or holding company ownedby a person who receives an operating differentialsubsidy may not operate any foreign flag vessel whichcompetes with any American flag service.

46 USCA ss. 1151 and 1171.

46 USCA s. 8103.

MTN GNS/W/14

GOVERNMENT SUBSIDIES/EXPORT, GOVERNMENT SUBSIDIES/DOMESTIC

FEDERAL REPUBLIC OF GERMANY FRG-18


Lufthansa benefits from substantial government loanswith no fixed term on repayment obligations, on whichit pays a fixed rate of 5%'.

GOVERNMENTSUBSDIES EXPORT

IRELAND IRE- 4

OFFICES OF ENGINEERS, COMPUTER AND RELATED SERVICES

Under the Industrial Development Authority, investmentincentives are provided to attract export-orientedforeign service firms, such as consulting engineersand software firms.

GOVERNMENT SUBSIDIES/EXPORT

ITALY ITL- 9

RESIDENTIAL BUILDING AND DEVELOPMENT, NON-RESIDENTIAL BUILDING ANDDEVELOPMENT, INDUSTRIAL CONSTRUCTION (OTHER THAN BUILDINGS), HIGHWAYAND HEAVY CONSTRUCTION, ALL CONSTRUCTION SUBTRADES, PROJECTMANAGEMENT, CONSTRUCTION, OFFICES OF ENGINEERS

Mediocredito Centrale provides financing at rates ofinterest below market to Italian exporters includingcontractors and consultants for market research,establishment of representative offices abroad andother forms of export promotion.

Law 394/91, Article 2, administered by MediocreditoCentrale.


ITALY ITL-12


The government subsidies the film industry throughadmission tax rebates on Italian and other EEC filmsand through easy loans and direct aid to theindustry itself.

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ITALY (Continued .e.) ITL-12

Ordinamento Generale Della Cinematografia,4 November 1965 - KBR 1213 - Amended April 1986.




Two kinds of subsidies are provided for vesselsengaged in foreign trade: a constructiondifferential subsidy and an operating differentialsubsidy.

To qualify for the subsidies, the corporation owningthe vessel must not only meet the U.S. registrationrequirements, but also come within the Shipping Actprovision requiring vessels not in coasting trade tohave a "controlling' or a "majority" U.S. interest.The construction differential subsidy compensates forthe difference between U.S. and foreign costs ofconstruction of shipyards or vessels to be used inforeign commerce. There is no requirement, however,that the construction differential subsidy benecessary to meet foreign flag competition. Toreceive a subsidy, a vessel must merely be engaged inforeign commerce and improve U.S. foreign trade by,e.g. being more advanced or having a longer projectedlife than existing vessels. The operatingdifferential subsidy compensates for the higher costof insurance and crew wages when a vessel flies underthe U.S. flag. The operating differential subsidy isavailable only to vessels engaged in foreign tradethat provide an essential service, i.e. shippagealong administratively defined U.S. trade routes.Moreover, for the company to receive an operatingdifferential subsidy all of its directors must beU.S. citizens. Any person or holding company ownedby a person who receives an operating differentialsubsidy may not operate any foreign flag vessel whichcompetes with any American flag service.

46 USCA ss. 1151 and 1171.

46 USCA S. 8103.

MTN. GNS/W/14

GOVERNMENTSUBSIDIES /EXEPORT


ALL SECTORS

U.S. exporters can shield 32% of export income fromU.S. corporate taxes on export sales revenuecalculated on an arm's length basis, thus resultingin tax savings of up to 7.4% -of the profit on exporttransactions for a manufacturer/exporter and 14.7%for a trading company/exporter. The measures underthis Act can put foreign trading houses at adisadvantage.

Foreign Export Sales Corporations Act, 1984.

LOCAL SUPPLY REQUIREMENT

BRAZIL BZL-1

RESIDENTIAL BUILDING AND DEVELOPMENT, NON-RESIDENTIAL BUILDING ANDDEVELOPMENT, INDUSTRIAL CONSTRUCTION (OTHER THAN BUILDINGS), HIGHWAYAND HEAVY CONSTRUCTION, ALL CONSTRUCTION SUBTRADES, PROJECTMANAGEMENT, CONSTRUCTION, OFFICES OF ENGINEERS, MANAGEMENT CONSULTINGSERVICES

There is a requirement to show the "need for "foreign expertise in the consulting and constructionsectors. The Industrial Property Institute mustapprove all technical service contracts but subjectsthem to substantial delays and other administrativedifficulties. In effect, foreign involvement inconstruction is prohibited.

Industrial Property Institute (INPI).


KOREA KOR-28


Korea uses unilateral protective measures toreserve a substantial portion of its own trade forits own ships. Designated cargos, such as steelproducts, must be shipped in Korean flag vessels. Ifno Korean flag vessel is available within 15 days ofthe scheduled shipping date, a waiver may berequested from the Korean Maritime Ports Authority.

Shipping Industry Fostering Act (1967), administeredby Korean Maritimre Ports Authority.

MTN.GNS/W/14

LOCAL SUPPLY REQUIREMENT, GOVERNMENT PROCUREMENT

NEW ZEALAND NZD-1

ALL SECTORS

The government has stated its intention ofencouraging the use of N.Z. resources in projectswith capital values exceeding $20 million (N.Z.).While the "Major Goods Policy" is not legallymandatory, the government adheres to the policy andhas reaffirmed it as recently as February, 1987.

The policy provides for the optimum use of N.Z.engineering and consulting firms, maximization ofemployment opportunities for N.Z. workers andtraining toupgrade their skills and requirements tosubmit resource use plans.

The policy covers the conception, feasibility andplanning studies, as well as design management andprocurement.

In the private sector, the major companies have asimilar practice concerning the use of N.Z.consulting resources.


SPAIN SPN-2


Government tenders may go only to Spanish consultingengineers who may subcontract to foreign firms ifexpertise is not available in Spain. On non-government projects, as well, foreign consultants maybe hired only if Spanish expertise is not available.The practical result for both government and non-government projects is that foreign companies musthave local agents or associates.

LOCAL SUPPLY REQUIREMENT, QUANTITATIVE IMPORT RESTRICTIONS

UNITED KINGDOM UKM- 4

TELECOMMUNICATION BROADCASTING INDUSTRIES, MOTION PICTURE, AUDIO ANDVIDEO PRODUCTIONS AND DISTRIBUTION, MOTION PICTURE EXHIBITION

Access to the cultural industries is limited by aquota system for television and radio. Recently, aCanada/U.K. co-production agreement has run intodifficulty over whether co-productions are subject toU.K. quotas.

MTN.GNS/W/14

LOCAL SUPPLY REQUIREMENTl

UNITED STATES OF AMERICA USA'-28


Coastal and fresh water shipping of freight orpassengers between points in the United States or itsterritories must be done in vessels which were builtand are registered in the United States and which areowned by United States citizens.

Certain exceptions are permitted to this generalrule: for example, shipping incidental to theprincipal business of a foreign-controlled UnitedStates manufacturing or mining company. There isalso an exception allowing the intercoastaltransportation of empty items such as cargo vans,containers, tanks, etc. where the country of thevessel's registry grants reciprocal privileges toUnited States vessels.

Merchant Marine Act 1920, - 46 USCA ss. 883, 883-1

Jones Act of 1920, 46 USCA se 688.

OPERATING LIMITS OR REQUIREMENTS

EUROPEAN ECONOMIC COMMUNITY EEC-4

CHARTERED BANKS AND OTHER BANKING-TYPE INTERMEDIARIES, TRUSTCOMPANIES, DEPOSIT ACCEPTING MORTGAGE COMPANIES, CREDIT UNIONS, OTHERDEPOSIT ACCEPTING INTERMEDIARIES, CONSUMER LOAN COMPANIES, BUSINESSFINANCE COMPANIES, MORTGAGE COMPANIES, OTHER FINANCIAL INTERMEDIARIES

Non-EEC financial firms are required to meet solvencyrequirements on the basis of assets in each memberstate. EEC firms are entitled to use assets in anymember state for this purpose.


FRANCE FRA- 36


The Direction Generale de 1'Aviation Civileunilaterally determines, without fixed publicly knowncriteria, what constitutes acceptable tariff levels,flight frequencies and passenger carrying capacitiesthat can be offered by French and foreign carriers onflights into or from France. It discriminates infavour of French carriers by actively limitingforeign competition in order to increase the Frenchshare of international passenger traffic.

MTN.GNS/W/14


INDONESIA INO-14

CHARTERED BANKS AND OTHER BANKING-TYPE INTERMEDIARIES

Bank Indonesia limits both the amounts foreign banksmay lend as well as the funds they may import.Foreign banks' activities are also limited to theJakarta area. However, frequent tie-ups withdomestic banks help to circumvent some restrictions.

OPERATING LIMITS OR REQUIREMENTS, GOVERNMENT MONOPOLY

JAPAN JPN-14


Japan Air Lines (JAL) is virtually the only airlineflying from Osaka, Japan's second largest market, toNarita, Japan's major international airport. Theonly other line with Osaka/Narita flights is BritishAirways and it lacks time slots that connect wellwith international flights. JAL has been known torefuse to book groups from Osaka to Narita when theywant to connect with Canadian flights from Narita toVancouver, while being willing to book the samegroups from Osaka to Narita when they are taking JALflights to Vancouver.


JAPAN JPN-25


There are restrictions on the use of "high cube"shipping containers even though the height of thosecontainers on a low chassis is no more than that of astandard container on a flat bed truck.

___-_ --------------------------------------------


THAILAND THL-21

CHARTERED BANKS AND OTHER BANKING-TYPE INTERMEDIARIES

Foreign banks are still limited to only one office,and may neither join a Thai ATM network nor starttheir own. Continued viability of some foreign bankoperations in Thailand is under question given thesmall domestic market niche to which foreign banksare confined.

MTN.GNS/W/14



ALL SECTORS

Non-EEC service firms subject to consumer protectionand fraud prevention regulations face more restrictionsthan EEC firms. The EEC right of establishment rulesrecognize that approvals in one member state applyto all. Non-EEC firms must qualify in each memberstate.




Great Lakes pilotage requirements - the U.S. insiststhat pilots be taken on board Canadian-registeredvessels that are constructed to operate both on theGreat Lakes and in deep sea waters, despite the factthat their crews are familiar with the Lakes. Thisworks particularly against Canadian shipping firms,because many of their Great Lakes ships have beenbuilt for ocean conditions, whereas U.S. ships on theGreat Lakes tend not to have been built for deep seawaters.

OPERATING LIMITS OR REQUIREMENTS, ESTABLISHMENT (INVESTMENT),TAXES AND OTHER CHARGES


LIFE INSURANCE CARRIERS, PROPERTY AND CASUALTY INSURERS

Most states have reciprocity provisions which, inaddition to the regular admission requirements,subject foreign (out-of-state) and alien (non-U.S.)insurers to any additional taxes, licenses or otherfees, mandatory deposits, penalties, or otherobligations, prohibitions or restrictions that theirhome jurisdictions impose on an insurer from thejurisdiction whose authorization is sought.

California Insurance Code c. 706, 708, 709, 710 -685.4

Illinois Insurance Code 73-1056

New York Insurance Law ss. 61 and 1112

MTN.GNS/W/14

UNITED STATES OF AMERICA (Continued 'e.) USA19

Texas Insurance Code of 1951 as amended c. 21.46Title 48.

Revised Code of Washington 48.14.040.

PRICE REGULARTTY

INDONESIA INO-34

OFFICES OF ENGINEERS, MANAGEMENT CONSULTING SERVICES, PROJECTMANAGEMENT, CONSTRUCTION

The government sets billing rates established ondifferent scales for different nations. The ratesare supposed to reflect the market value ofconsulting rates in their respective countries.However, billing rates offered Canadian consultantsare very low compared to those paid to other foreignconsultants.

.-------------------------------------

PRICE REGULATION

MEXICO MEX-18

FOOD SERVICES

Amounts payable as franchise royalties and fees arerestricted. ;Royalties are kept under 3% and areoften delayed in being remitted.

MTN.GNS/W/14

PROFESSIONAL QUALIFICATIONS

BRAZIL BZL-21

INDUSTRIAL CONSTRUCTION (OTHER THAN BUILDINGS), HIGHWAY AND HEAVYCONSTRUCTION, ALL CONSTRUCTION SUBTRADES, PROJECT MANAGEMENT,CONSTRUCTION, OTHER SERVICES INCIDENTAL TO CONSTRUCTION N.E.C.(PART), OFFICES OF ENGINEERS- OTHER SCIENTIFIC AND TECHNICAL SERVICES

The Industrial Property Institute (INPI) must approveall technical service contracts and subjects them tosubstantial delays and other administrativedifficulties.

INPI prevents foreign construction firms fromproviding technical services unless no Brazilianfirms are able to perform them.

PROFESSIONAL QUALIFICATIONS

FRANCE FRA-6

OFFIC"ES OF ARCHITECTS

In every case for which a construction permit isrequired, an architect must be involved. Entrancerequirements to the profession are complex. Inprinciple, Canadians cannot practise architecture inFrance as Canada has not signed a reciprocity treatywith France. Other requirements include a degreerecognized by the Ministry of Urban Affairs. Degreesfrom only two of Canada's university architecturefaculties are recognized. Exceptions can be made forlarge projects supported by government.

PROFESSIONAL QUALIFICATIONS, ESTABLISHMENT (INVESTMENT)

JAPAN JPN-22

OFFICES OF LAWYERS

Legal practice by foreigners is seriously impeded bylegal ambiguities as to what foreign lawyers may do.The main route to become a lawyer in Japan is to beadmitted to and graduate from the Japanese LegalResearch and Training Institute. Only Japanese mayattend the Institute.

Effective 1 April 1987, changes were to take effect,covering the scope of practice permitted in Japan,qualification and registration, licensingrequirements including the method of counting priorexperience and the staffing of foreign law offices.

MTN.GNS/W/14

PROFESSIONAL QUALI FICATIONS

NETHERLANDS NET-13

OFFICES OF LAWYERS

Admission to the Dutch bar requires a Master of Lawdegree from a Dutch university and citizenship in anEEC country.

PROFESSIONAL QUALI FICATIONS

PERU PER-7

ACCOUNTING AND BOOKKEEPING SERVICES

Local audits must be supervised and signed by locallyregistered and qualified accountants. Non-nationalscannot qualify.

PROFESSIONAL QUALIFI CATIONS

UNITED STATES OF AMERICA USA-'3

OFFICES OF ARCHITECTS, OFFICES OF ENGINEERS

Criteria for obtaining professional engineering andarchitectural licenses vary from state to state.

Some states (e.g. Washington, Oregon, Idaho andAlaska) do not recognize Canadian engineeringqualifications. Canadian engineers must sit the 16hour N.C.E.E./P.E. technical examination to obtainequivalent state registration. In Alaska, Canadianengineers must also take a course in Arctic andsub-Arctic engineering at an approved school.

A Canadian engineering firm must deal through acertified U.S. "partner" because Canadian engineeringfirms cannot be registered.

Canadian architects must pass the N.C.A.R.B.examination or equivalent in several states includingWashington, Oregon, Idaho and Alaska. In Washington,certification is to architectural corporations orpartnerships. Oregon registers only individuals.Alaska registers only corporations.

Washington:

Engineers and Surveyors, Revised Code of WN (RCW),Title 18, Chapter 43

Architects, RCW Title 18, Chapter 8.

MTN.GNS/W/14

UNITED STATES OF AMERICA (continued ...) USA-3

Oregon:

Engineers and Surveyors, Oregon Revised Statute, Ch.671Architects, Oregon Revised Statute 672.

Idaho:

Engineers and Surveyors Law, Title 54, Ch. 12Architects Law, Title 54, Ch. 13

Alaska:

Statute 08.48 Board of Architects, Engineers and LandSurveyors, Regulations 12 AAC 36

Construction, Title 8, Section 18, AS 08.011through 08.18.171.

QUNTITATIVE IMPORT RESTRICTIONS

AUSTRALIA AST-27


There are quantitative restrictions on the import offilms..

filmsQUANTITATIVE IMPORT RESTRICTIONS

SWITZERLAND SWZ-2

MOTION PICTURE, AUDIO AND VIDEO PRODUCTIONS AND DISTRIBUTION

An import quota is divided among established filmdistributors.

A licence which takes the form of an annual quotaallocation is necessary to distribute films forpublic showing. Licenses are available only to Swissowned firms, except that U.S. distributorsestablished in the Swiss market before this law cameinto force in 1962 received a "continuance guarantee"to allow them to carry on business.

_- - - - - -m_-- - - _ -m__m_mmmm--- - m- - -m . ---

MTN.GNS/W/14

UANTITATIVE IMPORT RESTRICTIONS, LOCAL SUPPLY REQUIREMENT


TELECOMMUNICATION BROADCASTING INDUSTRIES, MOTION PICTURE, AUDIO ANDVIDEO PRODUCTIONS AND DISTRIBUTION, MOTION PICTURE EXHIBITION

Access to the cultural industries is limited by aquota system for television and radio. Recently, aCanada/U.K. co-production agreement has run intodifficulty over whether co-productions are subject toU.K. quotas.

TECHNI CAL BARRIERS

SPAIN SPN- 4

MOTION PICTURE, AUDIO AND VIDEO PRODUCTIONS AND DISTRIBUTION

The Spanish videotext service is a quasi-stateentity. The protocol developed is incompatiblewith Canadian NAPLPS. To operate a privatevideotext, the NAPLPS standard system must leasea modem and the relevant equipment from the Spanishtelephone company. The costs and benefits relatedto subscription to the Spanish government datanetwork available to non-conforming systemseffectively limit the entry of NAPLPS to the market.

TAXES AND OTHER CHARGES

BRAZIL BZL-13

ALL SECTORS

There is a 25% surcharge on foreign currencypurchases to pay for imported services.

CACEX, the Central Bank of Brazil;s foreign tradedepartment, administers the surcharge.

- - - - - - -- - ---_____


MALAYSIA MAL- 5

ALL SECTORS

The following types of payment to non-residents aresubject to a 15% withholding tax:;

1. payments made to non-resident contractors forprofessional services;

MTN.GNS/W/14

MALAYSIA (Continued ...e) MAL-5

2. interest and royalty;

3. payments for technical advice, assistance orservices rendered in connection with technicalmanagement or administration of any scientific,industrial or commercial undertaking.

- - - - - - - - ---------_- ---.----------______


SINGAPORE SPR-11


Foreign insurance companies are taxed on totalworld-wide earnings multiplied by the proportion ofpremiums the firm collects in Singapore to itsworld-wide premiums. However, locally registeredjoint ventures are not affected.

The Insurance Act (1977).

. ---------------

TAXES AND OTHER CHARGES, ESTABLISHMENT (INVESTMENT), OPERATINGLIMITS OR REQUIREMENTS



Most states have reciprocity provisions which, inaddition to the regular admission requirements,subject foreign (out-of-state) and alien (non-U.S.)insurers to any additional taxes, licences or otherfees, mandatory deposits, penalties, or otherobligations, prohibitions or restrictions that theirhome jurisdictions impose on an insurer from thejurisdiction whose authorization is sought.

California Insurance Code c. 706, 708, 709, 710 -685.4

Illinois Insurance Code 73-1056

New York Insurance Law ss. 61 and 1112

Texas Insurance Code of 1951 as amended c. 21.46Title 48.

Revised Code of Washington 48.14.040.

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