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Trade in Services - Republic of Seychelles - Schedule of specific commitments
日期:2015/06/30
作者:Seychelles
文件編號:GATS/SC/153
附件下載:SCHDGATS-SCSC153.doc
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republic of Seychelles

Schedule of Specific Commitments

(This is authentic in English only)

 

 

_______________

 

 

 

 


republic of Seychelles– SCHEDULE OF SPECIFIC COMMITMENTS

Mode of delivery:  (1)  Cross-border supply         (2)  Consumption abroad            (3)  Commercial presence          (4)  Presence of natural person

Sectors and sub-sectors

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

I.           Horizontal commitments

The (**) indicates that the service specified constitutes only part of the total range of activities covered by CPC concordance (as indicated in MTN.GNS/W/120)

all sectors included in this schedule

 

 

(1), (2), (3), (4) subsidies is unbound.

 

(3)     Foreign services suppliers may lease/rent non-movable property for up to two years without requiring sanction from government. Two -yearly extensions beyond that also do not require government sanctions.  Foreign service suppliers may also lease/rent non movable property for longer terms, up to 99 years, subject to sanction from the government.

 

          Such sanction shall be granted unless the applicant is involved in money laundering, financing of terrorism, has been convicted of a serious crime, has links to organized crime or terrorist organizations;

 

        Or

          the use of land is not in line with the Land Use Plan of the particular area.

           

         Foreigners may also acquire freehold land held in private ownership in inner island[1], subject to government sanction.  

 

 

 

(4)     Unbound, except measures relating to entry and temporary stay of natural persons who fall in one of the following categories:

 

(4)     Unbound except for measures concerning the categories of natural persons referred to in the Market Access.

 

 

(a)         Business Visitors:  Persons not based in Seychelles who are representatives of business carrying on activities in WTO Member States and who are seeking temporary entry into Seychelles for the purpose of:

 

 

 

 

(i)         Negotiating for the sale of the services of that business;

(ii)    Entering into agreements to sell services for that business;

(iii)   Participating in business meetings or preparing for the establishment of a commercial presence, where those representatives will not be engaged in making direct sales to the general public;

(iv)   Conducting market research in relation to a service or services rendered by juridical persons not based in Seychelles;

(v)    Represents a foreign shareholder(s) of a company based in Seychelles for the duration of the Annual General Meeting (AGM).

 

 

 

 

          Entry and stay of such persons shall be for a period of no more than 90 days.

 

 

 

 

(b)         Intra-corporate transferees (ICT): shall mean managers, executives and specialists, as defined hereunder, of a foreign enterprise, which has established a commercial presence in the territory of Seychelles, being transferred temporarily to that commercial presence and who have been previously employed by the foreign enterprise for at least one year. 

 

 

 

 

Managers: A person within an organization who primarily:

 

(i)         Directs the organization, or a department or sub-division of the organization.

(ii)        Supervises and controls the work of other supervisory, professional or managerial employees.

(iii)      Has the authority to hire and fire or recommend hiring, professional or managerial employees.

(iv)     Exercises discretionary authority over day to day operations.

 

 

 

 

Executives: Natural persons within the organization who primarily direct the management of the organization or a major component or function of the 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 a service or services of the organisation.

 

 

 

 

Specialists: Natural persons in the organization who possess knowledge at an advanced level of expertise and a proprietary knowledge of the entity's products, services, operations or management techniques. This knowledge should reflect the required academic credentials and/or professional qualifications for/when performing work within the scope of a particular profession.

Entry and stay shall be for a period of two years, which may be renewed.

 

 

 

 

(c)     Contractual services suppliers:  Contractual service suppliers are employees of juridical persons with no commercial presence in Seychelles, who have obtained a service contract in Seychelles requiring the presence of their employees in order to fulfil the contract.

 

 

 

 

For the following sectors and sub-sectors:

- Legal services (CPC 861)

- Accounting and bookkeeping services (CPC 862)

- Architectural services (CPC 8671)

- Environmental services (CPC 94010, 94020, 9403, 9404, 9405, 9406, 9409)

- Services provided by midwives, nurses, physiotherapists and para-medical personnel (CPC 93191) 

 

 

 

 

Entry and stay of such persons above shall be for a period of no more than 180 days.

 

        For the following sectors and sub-sectors:

 

- Urban planning and landscape architectural services (CPC 8674)

- Engineering services (CPC 8672)

- Integrated engineering services (CPC 8673)

- Primary and secondary education services (CPC 92110, 92190, 92220, 92230, 92240, 92310)

- Medical and dental services (CPC 93122, 93123) 

- Veterinary services (CPC 932)

 

         Entry and stay of such persons above shall be granted for no more than three consecutive contracts of two years duration each, that is, a maximum of six years. Extension beyond that duration will only be considered in exceptional circumstances and with valid justifications.

 

 

 

 

 

(d)    Independent Professionals: shall mean natural persons who are self-employed and based in the territory of another Member and who supply services as part of a service contract with a juridical person in Seychelles.

 

For the following sectors and sub-sector:

 

- Computer & related services (CPC 841-845 + 849)

- Banking and other financial services (CPC 8111 - 81119, 8112, 8113, 81199, 8131 – 8133)

(excluding insurance services)

- Tour Operator services (CPC 7471)

- Hotels and restaurants (including catering) (CPC 641 - 643)

 

Entry and stay of such persons above shall be for a period of no more than 180 days.

 

 

 

 

For the following sectors and sub-sectors: 

 

- Primary and secondary education services (CPC 92110, 92190, 92220, 92230, 92240, 92310)

- Medical and dental services (CPC 93122, 93123)

- Services provided by midwives, nurses, physiotherapists and Para‑medical personnel

- (CPC 93191)

 

Entry and stay of such persons above shall be granted for no more than three consecutive contracts of two years duration each, that is, a maximum of six years.  Extension beyond that duration will only be considered in exceptional circumstances and with valid justifications. 

 

 

 

 

(e)     Installers and maintainers

Qualified specialists supplying installation or maintenance services for industrial machinery or industrial equipment. The supply of that service has to occur on a fee or contractual basis (installation/ maintenance contract) between the builder of the machinery or equipment and the owner of that machinery or equipment, both being juridical persons. Temporary entry is granted for periods         of stay of no more than 90 days.

 

 

II.     SECTOR-SPECIFIC COMMITMENTS

1.      BUSINESS SERVICES

A.      Professional Services

(a)     Legal Services (CPC 861**)

         (limited to legal advisory on foreign and international law)

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(b)     Accounting  and bookkeeping      services (CPC 862)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

-        Auditing Services (CPC 86211)

 

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(c)     Taxation Services

-        Business tax planning and consulting Services (CPC 86301)

 

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

-        Business tax preparation and review services (CPC 86302)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

-        Individual tax preparation and planning services (CPC 86303)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

-        Other tax related services (CPC 86309)

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

(1)     None 

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(d)     Architectural services (CPC 8671)

 

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(e)     Engineering services (CPC 8672)

 

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(f)      Integrated engineering services (CPC 8673)

 

 

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(g)     Urban planning and landscape architectural services (CPC 8674)

 

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound except as indicated in the horizontal commitments.

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(h)     Medical and dental services

-        Specialized medical services (CPC 93122)

-        Dental services (CPC 93123)

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(i)      Veterinary services (CPC 932)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(j)      Services provided by midwives, nurses, physiotherapists and Para-medical personnel (CPC 93191)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

B.      COMPUTER  AND RELATED SERVICES

Computer and related services (CPC 84)

(1)     None.

(2)     None.

(3)     None, except for seven years after accession, foreign equity limited to 49% in maintenance and repair services of office machinery and equipment, including computers (CPC 84500). After seven years, none.

(4)     Unbound, except as indicated in the horizontal commitments.

(1)     None.

(2)     None.

(3)     None.

 

 

 

 

 

(4)     Unbound, except as indicated in the horizontal commitments.

 

 

C.      RESEARCH AND DEVELOPMENT SERVICES 

(b)     Research and experimental development services on agriculture sciences (CPC 85104**) for fisheries only.  

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

 

(c)     Research and development for crude oil, natural gas  and condensate (analysis of petroleum product) 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

 

(d)     Research and experimental  development services  on cultural sciences, sociology  and psychology (CPC 85201)

(1)     None.

(2)     None.

(3)     None, expect that foreign equity limited to 49% and/or approval from the respective Ministry. 

(4)     Unbound, except as indicated in the          horizontal commitments. 

 

(1)     None.

(2)     None.

(3)     None.

 

 

(4)     Unbound, except as indicated in the horizontal commitments.

 

(e)     Research and experimental development services on medical sciences  and pharmacy (CPC 85105)

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

E.       RENTAL/LEASING SERVICES WITHOUT OPERATORS

(a)     Relating to ships (CPC 83103) (excluding less than 3 yachts )

 

(1)     Unbound.

(2)     None.

(3)     None, except that for 4-5 yachts foreign equity limited to 49%.

(4)     Unbound except as indicated in the horizontal commitments.

 

(1)     Unbound.

(2)     None.

(3)     None.

 

(4)     Unbound except as indicated in the horizontal commitments.

 

 (b)    Leasing or rental services concerning aircraft without operator (CPC 83104)

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments. 

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.   

 

(e)     Leasing and rental of household goods (CPC 8320)

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

F.       OTHER BUSINESS SERVICES

(a)     Advertising services (CPC 871)

 

 

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

      

(c)     Management consulting services related to energy and mining sector only (CPC 865**)

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the        horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(d)     Services related to management consulting related to energy sector only  (CPC866**)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the        horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(e)     Technical testing  and analysis services  only for gas, mining and oil industry (CPC 8676**)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)          None.

(2)          None.

(3)          None.

(4)          Unbound, except as indicated in the horizontal commitments.

 

(h)     Services incidental to mining (CPC 883)

 

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(m)    Related scientific and technical consulting services  only for gas, mining and oil industry (CPC 8675**)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)          None.

(2)          None.

(3)          None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(n)     Maintenance and repair of equipment (CPC 8861-8866)

        

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(q)     Packaging services (CPC 876)

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

2.      COMMUNICATION SERVICES

A. and B.   Postal and Courier Services (including express delivery services)[2]

Services relating to the handling[3] of items in accordance with the following list of sub-sectors, whether for domestic or foreign destinations.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

Same treatment will be applied to the Seychelles Post Office and Private Operators for express delivery services.

The sub-sectors below are excluded when they fall into the scope of the services which are reserved for the Seychelles Post Office, which are: simple letters weighing less than 500 grams, postcards.

 

 

 

 

(і)      Handling of addressed written communication on any kind of physical medium[4], including:

- Hybrid mail service

- Direct mail

(іі)     Handling of addressed parcels and packages[5]

(ііі)     Handling of addressed press products[6]

(iv)    Handling of items referred to in (і) to (ііі) above as registered or insured mail

(v)     Express delivery services[7] for items referred to in (і) to (ііі) above

(vі)    Handling of non-addressed items

(vіі)    Document exchange[8]

(viіі)   Other services not elsewhere specified.

 

 

 

 

C.        TELECOMMUNICATION SERVICES

Commitments hereunder are made in accordance with "Notes for Scheduling Basic Telecom Services Commitments" (S/GBT/W/2/Rev.1) and "Market Access Limitations on Spectrum Availability" (S/GBT/W/3).

 

Basic Telecommunication Services:

(a)          Voice telephone service (CPC 7521)

(b)          Packet-switched data transmission (CPC 7523*)

(c)           Circuit-switched data transmission (CPC 7523**)

(d)          Telex services (CPC 7523*)

(e)          Telegraph services (CPC 7522)

(f)            Facsimile Services (CPC 7521** + 7529**)

(g)          Private leased circuit services (CPC 7522** + 7523**)

(h)          Paging (CPC 75291)

(i)            Teleconferencing (CPC 75292)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the   horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

The Republic of Seychelles undertakes the obligations contained in the attached Reference Paper with respect to provision of telecommunication services.

 

Value Added Services:

(j)            Electronic mail (CPC 7523**)

(k)          Voice Mail (CPC 7523**)

(l)            On-line information and data base retrieval (CPC 7523**)

(m)        Electronic Data Interchange (EDI) (CPC 7523**)

(n)          Enhanced value-added facsimile services, including store and forward, store and retrieve (CPC 7523**)

(o)          Code and Protocol conversion

(p)          Online information and data processing (including transaction processing (CPC 843**)

(q)          Other (CPC 75299)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

 

D.      AUDIOVISUAL SERVICES

(a)     Motion picture or video production services (CPC 96112)

         (excluding broadcasting on television)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(b)     Video projection services (CPC 96122)

         (excluding broadcasting on television)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(c)     Motion picture projection services (CPC 96121) (excluding broadcasting on television)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(d)     Motion  picture  and video distribution services (CPC 9611) excluding  broadcasting  on television)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     Unbound.

(3)     Unbound. 

(4)     Unbound, except as indicated in the horizontal commitments.

 

3.      CONSTRUCTION AND RELATED ENGINEERING SERVICES

(a)     General construction work for    building (CPC 512) class one[9] only, including pipelines and          mining.

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments

 

(b)     General construction work for    civil engineering (CPC 513) class         one only, including    pipelines          and mining.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

-        Site investigation work (CPC 51110)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

-        Site preparation work for mining         and energy services (CPC 5115) 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

-        Renting services related to equipment for construction or demolition of buildings or civil engineering works, with operator. (CPC 5180)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

4.      DISTRIBUTION SERVICES 

(a)     Commission agents (CPC 62112-      62118)

(1)     Unbound.

(2)     Unbound.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.  In addition, licensed commission agents must be citizens of Seychelles.

 

(1)     Unbound.

(2)     Unbound.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments. 

 

(b)     Wholesale  trade services  (CPC 622)

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(c)     Retailing services (CPC 631 + CPC 632)

(1)     None.

(2)     None.

(3)     None, except that it will be subject to Economic Needs Test[10] (ENT).

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

 

(4)     Unbound, except as indicated in the horizontal commitments.

 

 -       Wholesale trade services of        motor vehicles (CPC 61111)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

-        Sales of parts and accessories of motor vehicles (CPC 61130)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

-        Sale of snowmobile and related part and accessories (CPC 61210**)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

-        Retail sales of motor vehicles (CPC 61112)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

 (d)    Franchising (CPC 8929)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments

 

5.      EDUCATIONAL SERVICES

A.      Primary education services

-    Preschool education services (CPC 92110)

-    Other primary education services (CPC 92190)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound except as indicated in the horizontal commitments.

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

B.      Secondary education services

-    Higher secondary education services (CPC 92220)

-    Technical and vocational secondary services (CPC 92230)

-    Technical and vocational secondary school-type education services for handicapped students (CPC 92240)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound except as indicated in the horizontal commitments.

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

C.      Higher education services

-        Post-secondary technical and vocational education services (CPC 92310)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments. 

 

D.      Adult education

 

 

 

-        Adult education services (CPC  92400)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound except as indicated in the horizontal commitments.

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound except as indicated in the horizontal commitments.

 

E.    Other Education Services

-                Other Education services    (CPC 92900)

-                Language training

-                After-school courses

-                Educational programs offered      during school breaks

-                Tutoring and preparatory       courses

-                Executive and management     training

-                Information technology

-                Educational testing services

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

6.      ENVIRONMENTAL SERVICES

A.             Sewage services (CPC 94010**)

-        (limited to Sewage treatment)

 

 

(1)     Unbound.

(2)     None.

(3)     None, except that an Economic Needs Test will need to be carried out by the Ministry responsible for Environment to:

(a)     Examine the current level of services,

(b)     Determine the effect of new entrants on public convenience including the continuity and quality of the services.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     Unbound.

(2)     None.

(3)     None.

 

 

 

 

 

 

 

 

(4)     Unbound, except as indicated in the horizontal commitments.

 

B.             Refuse disposal services    (CPC 94020**)

-        (limited to disposal services by          incineration )

 

 

 

(1)     Unbound.

(2)     None.

(3)     None, except that an Economic Needs Test will need to be carried out by the Ministry responsible for Environment to:

(a)     Examine the current level of services,

(b)     Determine the effect of new entrants on public convenience including the continuity and quality of the services.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     Unbound.

(2)     None.

(3)     None.

 

 

 

 

 

 

 

 

(4)     Unbound, except as indicated in the horizontal commitments.

 

C.             Noise abatement services    (CPC 94050)

 

(1)     Unbound.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     Unbound.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

D.            Environment-related advisory    services

 

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

7.      FINANCIAL SERVICES

A.      Insurance and Insurance–related Services

(i)      Direct insurance (including co-insurance)

(a)     Life insurance services (CPC 8121)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(b)     Non-life insurance services (CPC 8129*) , except for insurance  of risks  relating  to space  launching and freight (including satellites), international maritime transport and international commercial aviation, with such insurance  to cover any or all of the following: the goods being  transported, the vehicles transporting  the goods and any liability arising  therefrom, and goods in international transit.

(1)     None. 

(2)     None. 

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments. 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

 -       Insurance of risks relating to space launching and freight (including satellites), international maritime transport and international commercial aviation, with such insurance to cover any or all of the following: the goods being transported, the vehicles transporting the goods and any liability arising therefrom, and goods in international transit.

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(b)     Reinsurance  and retrocession (CPC 81299)

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(d)     Services  auxiliary  to insurance         (including broking  and agency        services (CPC 8140)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

B.      Banking and other financial services (excluding insurance )

(a)     Acceptance of deposits and other repayable funds from the public (CPC 8111 – 81119) 

(b)     Lending of all types, including consumer credit, mortgage credit factoring and financing of commercial transaction (CPC 8113)

(c)     Financial leasing (CPC 8112)

(d)     All payment and money transmission services (CPC 81339**)

(e)     Guarantees and commitments (CPC 81199**)

(f)      Trading for own account or for account of customers whether on an exchange, in an over-the-counter market or otherwise the following:

 

-        money market instruments (checks, bills, certificates and deposits, etc.) (CPC 81339**)

-        foreign exchange (CPC 81333)

-        derivative products including, but not limited to futures and options (CPC 81339**)

-        exchange rate and interest rate instruments, including such as swaps, forward rate arrangements, etc. (CPC 81339**)

-        transferable securities (CPC 81321*)

-        other negotiable instruments and financial assets, including bullion (CPC 81339**)

 

(g)     Participation in issues of all kinds of securities, including underwriting and placement as agent (whether publicly or privately) and provision of service related to such issues (CPC 8132)

(1)     Unbound.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     Unbound.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

 

(h)     Money broking (CPC 81339**)

 

(i)      Asset management, such as cash or portfolio management, all forms of collective investment management, custodial depository and trust services (CPC 8119** - 81323*)

(1)     Unbound.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

(1)     Unbound.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(j)      Settlement and clearing services of financial assets, including securities, derivative products, and other negotiable instruments (CPC 81339** + 81319**)

(1)     Unbound.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

(1)     Unbound.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.  

 

(k)     Advisory and other auxiliary financial services and all activities listed in Article 1B of MTN.TNC/W/50, including credit reference and analysis, investment and portfolio research and advice on acquisitions and on corporate restructuring and strategy (CPC 8131 or CPC 8133)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

(1)     Unbound.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(l)      Provision and transfer of financial information, and financial data processing related software by providers of other financial services (CPC 8131)

(1)     None

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     Unbound.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

-        Private Pension Funds (CPC 8119**)

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.  

 

8.      HEALTH RELATED AND SOCIAL SERVICES 

A.      Hospital services

(a)     Hospital services, including hospital management services        (CPC 93110)

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

B.      Other human health services

-        Ambulance services (CPC 93192)

 

-        Residential health facilities services other than hospital services (CPC 93193)

 

-        Other human health services, including services in the field of: morphological or chemical pathology, bacteriological, virology, immunology (CPC 93199**)

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

C.      Social services

-        Welfare services delivered through residential institutions to children and other clients (CPC 93312)

-        Other social  services with accommodation (CPC 93319)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

9.      TOURISM AND TRAVEL-RELATED SERVICES                                                                    

A.      Hotels and  restaurants (including catering)

-        Hotels and other lodging services (CPC 64110) (excluding establishments with less than 15 units)

 

 

 

(1)     None.

(2)     None.

(3)     None, except that hotel establishments with 16-24 units (excluding staff quarters) located on Mahe, Praslin, La Digue, Silhouette, Cerf and St Anne island, foreign equity limited to 80%.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

 

 

 

 

(4)     Unbound, except as indicated in the horizontal commitments.

 

-        Letting services of furnished accommodation (excluding rooming and boarding houses and cabins (CPC 64193)

         (excluding establishments with    less than 15 units)

 

(1)     None.

(2)     None.

(3)     None, except that hotel establishments with 16-24 units (excluding staff quarters) located on Mahe, Praslin, La Digue, Silhouette, Cerf and St Anne island, foreign equity limited to 80%.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

 

 

 

 

(4)     Unbound, except as indicated in the horizontal commitments.

 

-        Restaurants (CPC 64210)

         

(1)     None. 

(2)     None.

(3)     None, except that for investments in establishments with less than 21 covers[11], foreign equity is limited to 49%.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None. 

(2)     None.

(3)     None.

 

 

 

(4)     Unbound, except as indicated in the horizontal commitments.

 

-        Motel lodging services (CPC 6412)

         (excluding establishments with less than 15 units)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

B.      Travel agencies and tour operators services

Tour operator services (CPC 7471)[12]

(excluding travel agents)

(1)     None.

(2)     None.

(3)     None, except foreign equity limited to   49%.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)            None.

 

(4)     Unbound, except as indicated in the horizontal commitments.

 

10.    RECREATIONAL, CULTURAL AND SPORTING SERVICES

A.      Entertainment services (including theatre, live bands and circus services)

-        Theatrical producer, singer        group, band and orchestra   entertainment services   (CPC 96191)

-        Services provided by authors,     composers, sculptors ,   entertainers and other individual   artists (CPC 96192)

-        Circus, amusement park and    similar attraction services   (CPC 96194)

-        Ballroom , discotheque and dance   instructor services (CPC 96195)

(1)     Unbound.

(2)     None.

(3)     None.

(4)     Unbound except as indicated in the horizontal commitments.

(1)     Unbound.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

B.     News agency services

-        News agency services (CPC 962)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

-        Cinema theatre operation                 services (CPC 96199**)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

C.    Libraries, archives, museums and other cultural services

Libraries services (CPC 96311) (excluding all services provided by the Seychelles National Library)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

11. TRANSPORT SERVICES

A.      Maritime Transport Service

-        Transport (freight and                 passengers (CPC 7211 and                  7212) less cabotage)[13]  

 

 

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

The following services at the port are made available to international maritime transport suppliers on reasonable and no discriminatory terms and conditions:

 

1.       Pilotage;

2.   Towing and tug assistance;

3.   Provisioning, fuelling and watering;

4.   Garbage collecting and ballast waste disposal;

5.       Port Captain’s services;

6.       Navigation aids;

7.   Shore-based operational services essential to ship operations, including communications, water and electrical supplies;

 

 

 

 

8.   Emergency repair facilities; and

9.   Anchorage, berth and berthing services

 

-        Maintenance and repair of vessel          (CPC 8868**) (excluding vessels          below 60 metres in length)

 

(1)     None.

(2)     None.

(3)     None, except foreign equity limited      to 49%.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

 

(4)     Unbound, except as indicated in the horizontal commitments.

 

-        Vessel salvage  and refloating          services (CPC 7454)

 

(1)     None.

(2)     None.

(3)     None, except foreign equity limited to   49%

(4)     Unbound, except as indicated in the horizontal commitments.

(1)     None.

(2)     None.

(3)     None.

 

(4)     Unbound, except as indicated in the horizontal commitments.

 

 

H.      Services auxiliary to all modes of transport

a.       Cargo-handling services                   (CPC 741)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

b.       Storage and warehouse services           (CPC 742)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

c.       Freight  transport  agency                    services (CPC 7480)

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

(1)     None.

(2)     None.

(3)     None.

(4)     Unbound, except as indicated in the horizontal commitments.

 

 


ANNEX 1

REFERENCE PAPER

Scope

The following are definitions and principles on the regulatory framework for the basic telecommunications services.

Definitions

Users mean service consumers and service suppliers.

Essential facilities mean facilities of a public telecommunications transport network or service that:

(a)    Are exclusively or predominantly provided by a single or limited number of suppliers; and

(b)    Cannot feasibly be economically or technically substituted in order to provide a service.

A major supplier is a supplier which has the ability to materially affect the terms of participation (having regard to price and supply) in the relevant market for basic telecommunications services as a result of:

(a)    Control over essential facilities; or

(b)    Use of its position in the market.

1.     Competitive safeguards

1.1   Prevention of anti-competitive practices in telecommunications

Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone or together, are a major supplier from engaging in or continuing anti-competitive practices.

1.2   Safeguards

The anti-competitive practices referred to above shall include in particular:

(a)    Engaging in anti-competitive cross-subsidization; 

(b)    Using information obtained from competitors with anti-competitive results; and

(c)     Not making available to other services suppliers on a timely basis technical information about essential facilities and commercially relevant information which are necessary for them to provide services.

2.     Interconnection

2.1     This section applies to linking with suppliers providing public telecommunications transport networks or services in order to allow the users of one supplier to communicate with users of another supplier and to access services provided by another supplier, where specific commitments are undertaken.

2.2   Interconnection to be ensured

Interconnection with a major supplier will be ensured at any technically feasible point in the network.  Such interconnection is provided:

(a)        Under non-discriminatory terms, conditions (including technical standards and specifications) and rates and of a quality no less favourable than that provided for its own like services or for like services of non-affiliated service suppliers or for its subsidiaries or other affiliates;

(b)       In a timely fashion, on terms, conditions (including technical standards and specifications) and cost-oriented rates that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the supplier need not pay for network components or facilities that it does not require for the service to be provided; and

(c)        Upon request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities.

2.3   Public availability of the procedures for interconnection negotiations

The procedures applicable for interconnection to a major supplier will be made publicly available.

2.4   Transparency of interconnection arrangements

It is ensured that a major supplier will make publicly available either its interconnection agreements or a reference interconnection offer.

2.5   Interconnection:  dispute settlement

A service supplier requesting interconnection with a major supplier will have recourse, either:

(a)    At any time; or

(b)     After a reasonable period of time which has been made publicly known to an independent domestic body, which may be a regulatory body as referred to in paragraph 5 below, to resolve disputes regarding appropriate terms, conditions and rates for interconnection within a reasonable period of time, to the extent that these have not been established previously.

3.     Universal service

Any Member has the right to define the kind of universal service obligation it wishes to maintain.  Such obligations will not be regarded as anti-competitive per se, provided they are administered in a transparent, non-discriminatory and competitively neutral manner and are not more burdensome than necessary for the kind of universal service defined by the Member.

4.     Public availability of licensing criteria

Where a licence is required, the following will be made publicly available:

(a)     All the licensing criteria and the period of time normally required to reach a decision concerning an application for a licence; and

(b)    The terms and conditions of individual licences.

The reasons for the denial of a licence will be made known to the applicant upon request.

5.     Independent regulators

The regulatory body is separate from, and not accountable to, any supplier of basic telecommunications services.  The decisions of and the procedures used by regulators shall be impartial with respect to all market participants.

6.     Allocation and use of scarce resources

 

Any procedures for the allocation and use of scarce resources, including frequencies, numbers and rights of way, will be carried out in an objective, timely, transparent and non-discriminatory manner.  The current state of allocated frequency bands will be made publicly available, but detailed identification of frequencies allocated for specific government uses is not required.

 

_______________

 

 


ANNEX 2

 

1.1  BUILDING CONTRACTOR CLASS I

1.      MAJOR CONSTRUCTION WORKS

 

1.1              Multi-storey residential building

1.2              Multi-storey non-residential office and administrative buildings

1.3              Multi-storey buildings for agriculture, industry, trade and commerce

1.4              Multi-storey institutional building

1.5              Multi-storey assembly buildings

1.6              Multi-storey hotels and other tourist development

1.7              Full renovation works of existing multi-storey buildings, dwelling houses , offices, shops, stores, Tec. extension and expansion, alteration including provision of extra rooms i.e. toilets, bathrooms, kitchen, bedrooms etc

1.8              Major  (international Tendering) Civil Engineering/Building Projects

 

2.      ADVANCED CONSTRUCTION WORKS

 

2.1              Dwelling houses exceeding 93sqm (1000 sq.ft.) in area including split-level houses, double-storey houses, duplex houses, semi-detached houses, row-houses, terrace houses

 

3.      INTERMEDIATE CONSTRUCTION WORKS

 

3.1              Single-storey dwelling houses not exceeding 93sqm in (1000 sq.ft) in area ("permitted Development" houses)

3.2              Sundry environmental landscaping works (no height restrictions) i.e. gates, fences, fence walls, parapet walls, retaining walls etc.

 

__________



[1] Inner islands: Mahe, Praslin, La Digue, Silhouette, Cerf and St Anne island.

[2] The commitment on postal and courier services and express delivery services applies to commercial operators of all forms of ownership, both private and state.

[3] "Handling" should be taken to include clearance, sorting, transport and delivery.

[4] E.g. letters, postcards.

[5] Books and catalogues are included in this sub-sector.

[6] Magazines, newspapers and periodicals.

[7] Express delivery services are defined as the collection, transport, and delivery of documents, printed matter, parcels, goods or other items on an expedited basis while tracking and maintaining control of these items throughout the supply of the service.

[8] Provision of means, including the supply of ad hoc premises as well as transportation by a third party, allowing self-delivery by mutual exchange of postal items between users subscribing to this service.  Postal item refers to items handled by any type of commercial operator, whether public or private.

[9] See Annex 2.

[10] The Economic Needs Test will be satisfied if the retail service supplier will: (i) improve the employment of Seychellois, (ii) improve the productive infrastructure of the economy, and (iii) provide a new service.

[11] Table setting for one person.

[12] Means persons carrying on a business of planning, scheduling or organizing of tours which include arrangements for accommodation, sightseeing or other similar services by any mode of transport.

[13] Without prejudice to the scope of activities which may be considered as cabotage under the relevant legislation of Seychelles, this schedule does not include maritime cabotage services, which are assumed to cover transportation of passengers or goods between a port located in Seychelles and transportation of passengers and goods between a port located in Seychelles and traffic originating and terminating in Seychelles provided that this traffic remains within Seychelles territorial waters.