Scm Agreement Services

It is perhaps more doubtful that “foreign subsidies” are regulated by the national treatment obligation under Article XVII of the General Agreement on Trade in Services (GATS), which prohibits WTO members from discriminating against the “similar” services and service providers of other WTO members, at least with respect to services for which commitments have been made.2 There is no reason why these providers and service providers should be limited to these. who are in the territory of the other WTO member. On the contrary, Article XXVIII, paragraph 2, points g) and (m) of gATS, explicitly defines “WTO member” service providers that include providers established or established in other countries, as long as they are in possession or controlled by their own nationals, and Article XXVIII, point f), defines “another member`s services” for services provided by their own providers. It is also true that in Article XVII, point 10, it is found that “commitments made under this section should not be interpreted in such a way that a member is required to compensate for the competitive disadvantages inherent in the foreign nature of the service or service providers concerned.” This means that additional measures are not needed to compensate for differences between foreign and domestic services or providers, for example. B when a foreign supplier is headquartered abroad but a domestic supplier does not. But in this case, foreign and domestic services and service providers are in the same territory – it`s just that the territory where they are both located is abroad. All deadlines stated in this article may be extended by mutual agreement. The provision by governments or their agencies of imported or domestic products or services, either directly or indirectly, through state-imposed systems, for the use of products exported under more advantageous conditions than for the provision of similar or directly competitive products or services for domestic consumption, where these conditions (in the case of products) are more favourable than products. that are trading for their exporters in world markets.

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