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The General Agreement on Trade in Services

Trade in services currently makes up 20% of all international trade and has grown at a faster rate in the last 2 decades than trade in goods. For 1999-2000, trade in services accounted for 46.4% of India’s GDP and 30% of our foreign exchange earnings. Realising the significance of the services sector in world trade, member countries of the WTO signed the General Agreement on Trade in Services (GATS) in 1994 for the purpose of promoting the economic growth of all trading partners and the economic advancement of developing countries through expansion of trade in services.

Objectives of GATS

The GATS aims to: -

  • Establish a multilateral framework of principles and rules for trade in services in order to expand such trade in a transparent and phased manner
  • Achieve progressively higher levels of liberalisation of trade in services through multilateral negotiations aimed at promoting the interests, and to the mutual benefit of all participants.

It gives special considerations to developing and less-developed member-countries whose services sectors and related regulatory frameworks are not fully developed. It seeks to assist these countries in strengthening their domestic services capacity and competitiveness.

Modes of delivery

There are 4 modes of delivering services under the GATS: -

  • Cross-border supply, which is the supply of a service from the territory of one member to the territory of another member
  • Consumption abroad, which occurs when the consumer accesses the service in the home country of the service provider
  • Commercial presence of the service provider of one member in the territory of any other member
  • Temporary movement of natural persons from the service provider’s country to any other member country.

Member-countries have given their commitments in these 4 modes in relation to national treatment of other members, granting the Most Favoured Nation (MFN) status and market access.

Traditionally, the services sector in most countries, including India, has been protected from foreign investment. Developed countries typically seek market access through commercial presence, while developing countries, which lack adequate investment capital seek market access through movement of natural persons.

India’s commitment under GATS

India has given commitment under GATS in 33 areas including business services, communications, construction work (civil), financial services, health-related services, social services and tourism services. it has no commitments in the areas of education, environment, recreational, cultural and sporting, transport and other services, which have not been mentioned anywhere in the agreement. Developing countries have made commitments in 23 areas on an average.

The GATS permits members to exempt certain services from being included in MFN as well as to improve, change or retract any or all its commitments. This should be done within 60 days of 4 months after the Uruguay Round agreement has been implemented.

India consequently sought exemption from MFN for certain services and also sought to give preferential treatment to some members over others in the areas of communication, recreation and transport.

Further, India liberalised the telecommunication sector in 1998 and the insurance sector in 2000. It was also was one of 43 members to sign the Information Technology Agreement relating to computers, telecommunication equipment, semiconductors, manufacturing equipment for semiconductors, software and scientific instruments.


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