Measures Covered by the General Agreement on Trade in Services
|Measures||Coverage in the GATS|
|Market access restrictions||Yes, including:|
- limitations on the number of service suppliers;
- limitations on the value of transactions or assets;
- limitations on the number of operations;
- limitations on the total number of natural persons that may be
- measures that restrict or require specific types of legal entity
or a joint venture;
- limitations on the participation of foreign capital.
|National treatment restrictions||Yes, for example:|
- nationality or residency requirements on managers;
- restrictions on the acquisition of land by foreign providers;
- tax privileges or subsidies granted to domestic providers only;
- restrictions applying only to branches or operations of foreign providers.
|Capital controls||Yes, but only controls on|
- inward direct investment in services
- capital flows that are essential part of provision of a service itself, and only if capital flows refer to services with respect to which specific liberalization commitments have been made.
|Balance of payments restrictions||Yes, subject to approval.|
|Prudential measures||Yes, subject to “prudential carve-out” - in the presence of specific commitments Members are allowed to keep prudential measures in place even if they constitute market access or national treatment restrictions.|
|Measures for monetary and exchange rate management||No, subject to the determination of the nature of measures.|
|Measures for national and international security reasons||No, subject to the determination of the nature of measures.|