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United Nations (Service Sectors) Sectoral Classification List (W/120) This is the service sector list that the WTO GATS uses.

The services sectoral classification list (W/120) is a comprehensive list of services sectors and sub-sectors covered under the GATS. It was compiled by the WTO in July 1991 and its purpose was to facilitate the Uruguay Round negotiations, ensuring cross-country comparability and consistency of the commitments undertaken. The 160 sub-sectors are defined as aggregate of the more detailed categories contained in the United Nations provisional Central Product Classification (CPC). The list is also available at the WTO website at: http://tsdb.wto.org/Includes/docs/W120_E.doc

governmental authority exclusion

These are articles on the all important exclusion that defines what member government activities can be called "public services" and be excluded from the onerous GATS rules.

The Behavioral Dynamics of Positive and Negative Listing in Services Trade Liberalization: A Look at the Trade in Services Agreement (TiSA) Negotiations

"From a standard rational choice perspective, the choice architecture of an international trade in services liberalization scheme as structured around either positive or negative listing should not have any appreciable effect on the depth and breadth of commitment. In contrast, behavioral economics, in particular Prospect Theory and phenomena such as framing effects and status quo bias, suggest that a negative list approach would be more conducive to economic liberalization. Several additional complicating factors, such as sectorial considerations, negotiating asymmetries and transaction costs, preclude this hypothesis from being subjected to reliable empirical testing. However, a case study of the currently ongoing negotiations towards a plurilateral Trade in Services Agreement (TiSA), reveals that trade diplomats are acutely attuned to the potential importance of such negotiated ‘choice architecture’, and that behavioral effects can have significant influence on negotiations. This demonstrates that behavioral dynamics, especially compromise effects, are a significant part of international trade talks, at least with respect to services trade. Keywords: WTO, Trade in Services, international law, negotiations, Trade in Services Agreement, behavioral economics, framing effects, compromise effects" -----------------comment--------- This is what's meant by "privatization by stealth" Negative list promotes extreme dishonesty in politicians because people assume something has to happen for their future policy space, jobs, working environment to have been committed away, actually, its the opposite, something has to happen for them not to be stolen. A carve out. Otherwise it goes on autopilot and once its done, the various Trojan horse clauses m like standstill, rollback, ratchet, and indirect expropriation/ISDS make privatization virtually irreversible. See ISDS, also see the IntraEUBITS topic.

No Watertight Compartments: Trade Agreements, International Health Care Reform, and the Legal Politics of Public Sector Exemptions

Debates over the legal interpretation of trade treaty (WTO and NAFTA) exemption clauses for public services display a common pattern. Critics of trade agreements argue that these clauses are likely to be narrowly interpreted, providing scant protection from international trade rules to public health care. Defenders usually argue that they will be given a reasonably expansive definition and that trade obligations (at least the more onerous WTO national treatment obligations) will generally not apply to public health care services. This paper argues that although the optimism of trade agreement defenders may be well-founded when viewed from a static perspective, the protection afforded by exemption clauses shrinks with the expansion of market elements in health care. Hence, the major implication of such “carve-outs” for health policy makers will not be the liberty to engage in “business as usual”, but rather the need to assess the trade-related risks associated with market-based reform in the future. This paper analyses the WTO and NAFTA provisions limiting the application of these trade agreements to the health care sector in terms of the various risk scenarios posed by different models of health care reform.

Public services and the GATS, WTO Staff Working Paper, No. ERSD-2005-03, World Trade Organization (WTO), Geneva

Adlung, Rolf (2005) Adlung is a WTO employee. The EU's social safety net is under attack. Partly due to neoliberal construction via FTAs of a new corporate "right of establishment" that nullifies rights to healthcare and education that have never been created in laws as we would hope. Also WTO rules allegedly against "discrimination" ironically are a tool that's being used to dismantle policies and laws against discrimination in countries like the US.

Regional Trade Agreements and Trade in Services

Ortino, Federico, Regional Trade Agreements and Trade in Services. in BILATERAL AND REGIONAL TRADE AGREEMENTS: COMMENTARY, ANALYSIS AND CASE STUDIES, Lester & Mercurio, eds, Cambridge University Press, Forthcoming. Available at SSRN: https://ssrn.com/abstract=995781 .... Quote: "‘measures by Members’ means measures taken by central, regional or local governments and authorities as well as non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities. However, GATS only requires Members to take such reasonable measures as may be available to them to secure compliance with GATS rules by sub-central and non-governmental bodies (Article I.3(a)). ‘Measures by Members affecting trade in services’ include measures in respect of (i) the purchase, payment or use of a service; (ii) the access to and use of, in connection with the supply of a service, services which are required by those Members to be offered to the public generally; (iii) the presence, including commercial presence, of persons of a Member for the supply of a service in the territory of another Member (Article XXVIII(c)). This list being indicative, the inquiry centers around the term ‘affecting’. WTO jurisprudence has interpreted broadly the term ‘affecting’. A measure affects trade in service when the measure ‘modifies the conditions of competition in supply of a service.’ In other words, GATS disciplines apply, in principle, to any measure of a Member to the extent it affects the supply of a service, regardless of whether such measure directly governs the supply of a service, or whether it regulates other matters but nevertheless affects indirectly trade in services. Furthermore, in line with GATT/WTO jurisprudence, in order to determine whether a measure ‘affects’ trade in services, there is no need to determine actual effects, rather it is enough to demonstrate a potential effect on trade".

How ‘free trade’ & investment treaties attack public services & why we have to fight them

by Prof. Jane Kelsey 1980s neoliberal greed took over the world • Structural adjustment – SAPs - at home • Global rules to push it further and faster, then lock it in New version of colonisation affected all countries, North and SouthTNCs targetted services as new source of mega-profits For public sector workers this means ongoing ... Job losses Insecure employment Deunionisation and labour market ‘flexibility’ Loss of protections & entitlements Added costs, but lower incomes Migration for remittances

GATS Annex on Financial Services

This document potentially endangers the US's Social Security, Medicare and other safety net programs if they are partially privatized and compete with commercial entities. It is part of the GATS and its explained well by Patricia Arnold in her essay on GATS and Financial Regulation (Public Citizen). It contains a slightly different definition of 'services supplied as an exercise of governmental authority' than GATS Article 1:3 does, which applies in certain situations. To understand it you should also read Nicholas Skala's 2009 paper in the International Journal of Health Services and the Understanding on Commitments in Financial Services. You can also find a bit more material online if you search on the phrase "Fu Lung" or "Fu Lung Group" in the context of financial services+WTO or the Uruguay Round. It seems an effort is made to make information on FTAS difficult to find for outsiders.

How the World Trade Organisation is shaping domestic policies in health care

(The Lancet) "The previous round of WTO ministerial talks (the Uruguayan round) allowed governments to protect health and social services from GATS treatment by defining them as government services. According to GATS Article 1.3, a government service is one “which is supplied neither on a commercial basis, nor in competition with one or more service suppliers”. Article 19 of GATS is, however, intended to end this protection. “Members shall enter into successive rounds of negotiations . . . with a view to achieving a progressively higher level of liberalisation.” The WTO secretariat has argued that for services to be classified under Article 1.3 they should be provided free. Many governments initially protected health services from GATS treatment by defining them in this way. But the WTO has highlighted the inconsistencies in this approach. 12 “The hospital sector in many counties . . . is made up of government-owned and privately-owned entities which both operate on a commercial basis, charging the patient or his insurance for the treatment provided. Supplementary subsidies may be granted for social, regional, and similar policy purposes. It seems unrealistic in such cases to argue for continued application of Article I:3, and/or maintain that no competitive relationship exists between the two groups of suppliers of services.” In addition, Article 13 of GATS calls for the end of subsidies that distort trade and requires members to negotiate procedures to combat them. Therefore, according to the WTO, wherever there is a mixture of public and private funding, such as user charge or private insurance, or there are subsidies for non-public infrastructure, such as public-private partnerships or competitive contracting for services, the service sector should be open to foreign corporations. Health-care systems across Europe are vulnerable on all these counts."

The Scope of GATS and of Its Obligations by Bregt Natens, Jan Wouters

Bregt Natens, Jan Wouters - KU Leuven - Leuven Centre for Global Governance Studies Date Written: August 1, 2013 Abstract The GATS preamble already highlights the inevitable conflict between on the one hand achieving progressively higher levels of liberalization of trade in services in order to expand trade in services and promote growth, and on the other hand the right to introduce new regulation to meet national policy objectives. Hence, it was clear from the outset that the balance between trade liberalisation and domestic regulatory autonomy would be key in interpreting the constructively ambiguous GATS. The outcome of this exercise depends on three factors: the interpretation of (i) GATS’ overarching objectives, (ii) of the general scope of GATS and of the obligations arising from it (and the exceptions to them) and (iii) of the inherent individual flexibility of GATS. Whilst also touching on the first, this contribution mainly focuses on the second factor by addressing the scope of GATS, of its unconditional obligations, of obligations applying to sectors for which specific commitments have been scheduled and of obligations in GATS Annexes. Additionally, it provides an overview of the structure of GATS obligations. The third factor is mainly addressed throughout textboxes which provide an illustrative insight into how the European Union has used the inherent GATS flexibility to shape its obligations. Keywords: WTO, World Trade Organization, GATS, General Agreement on Trade in Services, services, scope, obligations, governmental authority exception

GATS and Public Service Systems

This is a must-read article as its by far the most concise and understandable explanation of the "governmental authority exception" an all important "two-pronged test" or definition, that defines the scope of what is allowed to be a public service and what is not, in the GATS agreement. In other words, what is subject to privatization rules, and what isn't. This definition is also borrowed or imported, in the computer programming sense, "as is" into hundreds of other trade agreements all around the globe. So this essay is extremely useful in understanding which healthcare or higher education proposals could work (and which ones would be subjected to a death of a thousand cuts, and couldn't) for example. The essay was originally written and published by the government of British Columbia province in Canada.