GATS

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GATS Telecom
Introduction
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GATS Telecom

• The GATS is not about deregulation. Most often,
  it involves re-regulation
• David Hartridge, Former Director
• WTO Trade in Services Division

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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

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GATS Fundamentals
GATS Telecom
Non- discrimination
Transparency
Reasonable regulation
Competition safeguards
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Best Practice?
GATS Telecom
Non- discrimination
Transparency
Reasonable regulation
Competition safeguards
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GATS Telecom
Workshop objectives

• To improve knowledge understanding of the
  relevant principles obligations
• To enhance capacity to implement the obligations
  and commitments

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What is GATS?
GATS Telecom

• Common to all
• Short text of Articles - the Framework
• Sectoral and other Annexes

• Individual
• Schedules of Commitments
• MFN Exemptions (only at outset if
  needed)

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GATS Telecom
Relevant Provisions
Reference Paper
Telecom Annex
GATS Articles
Schedules
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GATS Telecom
GATS Articles

• 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

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GATS Telecom
General Obligations

• 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

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GATS Telecom
Schedules of Commitments

• 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

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GATS 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
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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

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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

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GATS Telecom
How?

• 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

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GATS Telecom
Why Regulators?

• 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

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GATS Telecom
A pilot project...

• 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