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Council for Trade in Services - Committee on Specific Commitments - Special Session - Communication from Canada - Mode 4 Commitments and Economic Needs Tests
World Trade Organization TN/S/W/46 S/CSC/W/47 21 June 2005 (05-2616) Council for Trade in Services Special Session Committee on Specific Commitments Original: English communication from canada Mode 4 Commitments and Economic Needs Tests The following communication, dated 20 June 2005, from the delegation of Canada is being circulated to the Members of the Council for Trade in Services and the Committee on Specific Commitments. _______________ Summary According to WTO, UNCTAD and OECD analyses, GATS Article XVI:2(d) and the Scheduling Guidelines set out the rules, which Members have already agreed to, on economic needs tests (ENTs) with respect to mode 4. Members are not supposed to use ENTs to limit the number of natural persons; however, if Members wish to continue to use such ENTs, they are supposed to cite and describe them in their schedules. Some Members have indicated that ENTs or labour market tests are not applicable to certain cate