Resources about the GATS and Legal Services

Selected Papers of the WTO Secretariat Relevant

to the Working Party on Domestic Regulation

Prepared by Professor Laurel S. Terry, LTerry@psu.edu

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		The Secretariat papers listed below discuss issues that are relevant to the issue of whether WTO Member States should extend “horizontally” to other professions the Accountancy Disciplines. These Secretariat papers are organized in the order in which I would consult them.
ITEM
1	S/WPDR/M/18 (3 Dec. 2002) at ¶ 8	WPDR Chairman’s Statements about the Four Questions to Ask When Examining Regulatory Provisions
2	JOB(02)/20/Rev.7 (22 Sept. 2003)	Summary of Discussion on the Checklist of Issues for WPDR,” link is to older version attached to S/WPDR/M/13 (2 Oct. 2001). [The document that is attached is the most recent summary that is publicly available. After publication of this version, WTO Member States agreed to discontinue its practice of attaching this document to its minutes. Because this document is classified as “JOB”, it not publicly available. The most recent version, which was referred to in S/WPDR/M/24 (22 Jan. 2004), at ¶35, is JOB(02)/20/Rev.7 (22 Sept. 2003).]
3	JOB(02)/20/Rev.7 (22 September 2003)	“Examples of Measures to be Addressed by the Disciplines Under GATS Article VI:4” [Unfortunately, because this document is a “JOB”, it is not publicly available. The link on this website is to the second revision of this “Examples” paper, which was leaked and placed on the website of Public Citizen. Version 3 of the “Examples” paper is included as an appendix in Markus Krajewski, National Regulation and Trade Liberalization in Services – The Legal Impact of the General Agreement on Trade in Services (GATS) on National Regulatory Autonomy (Kluwer Law International, 2003) at Annex VI, pages 220-231.) According to S/WPDR/M/24 (22 Jan. 2004), at ¶35, the current version of this “Examples” paper is Version 7, JOB(02)/20/Rev.7 (22 September 2003).]
4	JOB(02)/204/Rev.1, (21 February 2003)	Synthesis of Results to Date of the Domestic Consultations in Professional Services, [Because this document is a “JOB,” it is not publicly available. This document was referred to in S/WPDR/6 (3 Dec. 2003) at ¶ 10.]
5	JOB(03)/126. Rev.1 dated 22 Sept. 2003	Results of the Consultations with International Professional Organizations
6	S/WPDR/W/27	Working Party on Domestic Regulation, "Necessity Tests" in the WTO, Note By The Secretariat, S/WPDR/W/27, (2 Dec. 2003)	Working Party on Domestic Regulation, "Necessity Tests" in the WTO, Note By The Secretariat, S/WPDR/W/27, (2 Dec. 2003)
7	S/C/W/ 96	Article VI:4 of the GATS: Disciplines on Domestic Regulation Applicable to all Services, Note by the Secretariat, S/C/W/ 96 (1 March 1999);
8	S/C/W/97	International Regulatory Initiatives in Services, Background Note by the Secretariat, S/C/W/97 (1 March 1999)
9	S/C/W/43	Legal Services, Background Note by the Secretariat, S/C/W/43 (6 July 1998);
10	S/C/W/75	Presence of Natural Persons (Mode 4) Background Note by the Secretariat, S/C/W/75 (8 December 1998)
11	S/C/W/26/Add.1	Economic Effects of Services Liberalization. Background Note by the Secretariat, S/C/W/26 (7 Oct. 1997) and Addendum, S/C/W/26/Add.1 (29 May 1998);
12	WT/CTE/W/53/Rev.1	Committee on Trade in the Environment (26 Oct. 1998)[ an analysis of the jurisprudence on “necessity”]
13	S/WPPS/W/9	THE RELEVANCE OF THE DISCIPLINES of the Agreements on Technical Barriers to Trade (Tbt) and on Import Licensing Procedures to Article VI.4 of the General Agreement on Trade in Services: Note by the Secretariat, S/WPPS/W/9 (11 Sept. 1996)
14	S/WPPS/W/4/Add.2	OECD [Examples of regulatory measures, referred to in S/WPDR/M/9 12 March 2001 at ¶5]
15	S/CSS/W/118	Council for Trade in Services - Special Session - Economic Needs Tests - Note by the Secretariat, S/CSS/W/118 (30 Nov. 2001)
16	S/WPPS/W/1	Functions of the Working Party on Professional Services in Relation to Accountancy, Note by the Secretariat, S/WPPS/W/1 (27 June 1995);