Section 147p. 147

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

2. A Member may maintain a measure inconsistent with

paragraph 1 provided that such a measure is listed in, and

meets

the

conditions

of,

the

Annex

on

Article

II

Exemptions.

3. The provisions of this Agreement shall not be so

construed as to prevent any Member from conferring or

according advantages to adjacent countries in order to

facilitate exchanges limited to contiguous frontier zones

of services that are both locally produced and consumed.

ARTICLE III

Transparency

1. Each Member shall publish promptly and, except in

emergency situations, at the latest by the time of their

entry

into

force,

all

relevant

measures

of

general

application which pertain to or affect the operation of this

Agreement. International agreements pertaining to or

affecting trade in services to which a Member is a

signatory shall also be published.

2. Where publication as referred to in paragraph 1 is not

practicable, such information shall be made otherwise

publicly available.

3. Each Member shall promptly and at least annually

inform

the

Council

for

Trade

in

Services

of

the

introduction of any new, or any changes to existing, laws,

regulations

or

administrative

guidelines

which

significantly affect trade in services covered by its specific

commitments under this Agreement.

4. Each Member shall respond promptly to all requests by

any other Member for specific information on any of its

measures

of

general

application

or

international

agreements within the meaning of paragraph 1. Each

Member shall also establish one or more enquiry points

to provide specific information to other Members, upon

request, on all such matters as well as those subject to

the

notification

requirement

in

paragraph

3.

Such

enquiry points shall be established within two years from

the date of entry into force of the Agreement Establishing

the WTO (referred to in this Agreement as the "WTO

Agreement"). Appropriate flexibility with respect to the

time-limit within which such enquiry points are to be

established

may

be

agreed

upon

for

individual

developing country Members. Enquiry points need not be

depositories of laws and regulations.

5. Any Member may notify to the Council for Trade in

Services any measure, taken by any other Member, which

it considers affects the operation of this Agreement.

ARTICLE III bis

Disclosure of Confidential Information

Nothing in this Agreement shall require any Member to

provide confidential information, the disclosure of which

would impede law enforcement, or otherwise be contrary

to

the

public

interest,

or

which

would

prejudice

legitimate commercial interests of particular enterprises,

public or private.

ARTICLE IV

Increasing Participation of Developing Countries

1. The increasing participation of developing country

Members in world trade shall be facilitated through

negotiated specific commitments, by different Members

pursuant to Parts III and IV of this Agreement, relating to:

(a) the strengthening of their domestic services capacity

and its efficiency and competitiveness, inter alia through

access to technology on a commercial basis;

(b)

the

improvement

of their access to distribution

channels and information networks; and

(c) the liberalization of market access in sectors and

modes of supply of export interest to them.

2.

Developed

country

Members,

and

to

the

extent

possible other Members, shall establish contact points

within two years from the date of entry into force of the

WTO Agreement to facilitate the access of developing

country

Members'

service

suppliers

to

information,

related to their respective markets, concerning:

(a) commercial and technical aspects of the supply of

services;

(b) registration, recognition and obtaining of professional

qualifications; and

(c) the availability of services technology.

3. Special priority shall be given to the least-developed

country Members in the implementation of paragraphs 1

and 2. Particular account shall be taken of the serious

difficulty of the least-developed countries in accepting

negotiated specific commitments in view of their special

economic situation and their development, trade and

financial needs.

ARTICLE V

Economic Integration

1. This Agreement shall not prevent any of its Members

from being a party to or entering into an agreement

liberalizing trade in services between or among the

parties to such an agreement, provided that such an

agreement:

(a) has substantial sectoral coverage, 1 and

(b) provides for the absence or elimination of substantially

all discrimination, in the sense of Article XVII, between or

among

the

parties,

in

the

sectors

covered

under

subparagraph (a), through:

(i) elimination of existing discriminatory measures, and/or

(ii) prohibition of new or more discriminatory measures,

either at the entry into force of that agreement or on the

basis of a reasonable time-frame, except for measures

permitted under Articles XI, XII, XIV and XIV bis.

2. In evaluating whether the conditions under paragraph

1(b)

are

met,

consideration

may

be

given

to

the

relationship of the agreement to a wider process of

economic integration or trade liberalization among the

countries concerned.

3. (a) Where developing countries are parties to an

agreement

of

the

type

referred

to

in

paragraph 1,

flexibility shall be provided for regarding the conditions

set out in paragraph 1, particularly with reference to

subparagraph (b) thereof, in accordance with the level of

development of the countries concerned, both overall

and in individual sectors and subsectors.

(b) Notwithstanding paragraph 6, in the case of an

agreement of the type referred to in paragraph 1 involving

only developing countries, more favourable treatment

may be granted to juridical persons owned or controlled

by natural persons of the parties to such an agreement.

4. Any agreement referred to in paragraph 1 shall be

designed to facilitate trade between the parties to the

agreement and shall not in respect of any Member

outside the agreement raise the overall level of barriers to

trade

in

services

within

the

respective

sectors

or

subsectors compared to the level applicable prior to such

an agreement.

5. If, in the conclusion, enlargement or any significant

modification of any agreement under paragraph 1, a

Member

intends

to

withdraw

or

modify

a

specific

commitment

inconsistently

with

the

terms

and

conditions set out in its Schedule, it shall provide at least

90

days

advance

notice

of

such

modification

or

withdrawal and the procedure set forth in paragraphs 2, 3

and 4 of Article XXI shall apply.

6. A service supplier of any other Member that is a

juridical person constituted under the laws of a party to

an agreement referred to in paragraph 1 shall be entitled

to treatment granted under such agreement, provided

that it engages in substantive business operations in the

territory of the parties to such agreement.

7. (a) Members which are parties to any agreement

referred to in paragraph 1 shall promptly notify any such

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