GATS & Telecom

Introduction

“The GATS is not about deregulation. Most often, it

involves re-regulation”

David Hartridge, Former DirectorWTO Trade in Services Division

GATS &Telecom

“Being in the top 20 on the ease of doing business does not mean

zero regulation. ... All the top countries regulate,

but they do so in less costly and burdensome ways.”

Doing Business in 2005: Removing Obstacles to Growth

World Bank-IFC co-publication

GATS &Telecom

GATS Fundamentals

Non-discrimination Transparency

Reasonable regulation

Competitionsafeguards

GATS &Telecom

Best Practice?

Non-discrimination Transparency

Reasonable regulation

Competitionsafeguards

GATS &Telecom

• To improve knowledge & understanding

of the relevant principles & obligations

• To enhance capacity to implement the obligations and commitments

Workshop objectivesGATS &Telecom

What is GATS? Common to all

Short text of Articles - the “Framework”

Sectoral and other Annexes

Individual

Schedules of Commitments

MFN Exemptions (only at outset & if needed)

GATS &Telecom

GATS &Telecom

GATS

Articles

Sche

dules

Refer

ence

Pape

rTe

leco

m

Annex

Relevant Provisions

• Part I – scope of the agreement

• Part II – general obligations & disciplines

• Part III – defines scheduled commitments

• Part IV – how to negotiate, inscribe & modify commitments

• Definitions

GATS ArticlesGATS &Telecom

• Apply to all Members

• But two levels exist ... – Some of the provisions apply to

all measures or services

– Some apply only to services committed in schedules

General ObligationsGATS &Telecom

• “Progressive” liberalization of markets is a key objective

• Commitments differ - no one telecom Schedule is exactly like another

• Many, but not all Schedules have the Reference Paper attached

Schedules of CommitmentsGATS &Telecom

Design of the Workshop

Since the target audience for this training is governments who have or are considering telecom commitments ...

The materials are designed on the assumption that commitments on telecom services & the Reference Paper have been undertaken

GATS &Telecom

Situating WTO

• Its obligations & commitments are legally binding on governments

• Establishes a minimum standard

• Governments may have regulations that go beyond the WTO requirements

GATS &Telecom

Situating WTO

• Usually involves principles & procedure rather that detailed prescriptions

• Does not dictate how to implement its obligations and commitments

• Governments have the flexibility to make their own decisions on implementation

GATS &Telecom

• Participate in guidelines & best practices work or training by ITU, regional orgs & other

• Follow best practice to the extent possible

• Share ideas & information with other regulators & consult with stakeholders

• Last but not least ...

Ensure that your own reform plan is effectively realized so that its goals & objectives can become reality

How?GATS &Telecom

Regulators are on the “front line” You are key to ensuring telecom laws & regulations

are designed & implemented in line with

– Relevant general obligations of the GATS Articles & Annex on Telecom

– The telecom commitments undertaken

– The Reference Paper obligations

Why Regulators?GATS &Telecom

Your suggestions please ... – Content? improvements, new topics

– Format? e-training, training of trainers

– Participation? policy makers, private sector, other stakeholders

– Follow up? when, where, and how

A pilot project...GATS &Telecom