GATS' Article XXI procedure.

We must dump GATS before it dumps us!

Necessary procedure for safely leaving GATS or modifying GATS commitments.

Do this to exit WTO rules blocking GATS-nonconforming post 1998 Financial Services regulations such as Medicare for All, Affordable Care Act, Single Payer, Sarbanes Oxley, Pre-Existing Conditions Coverage, Dodd Frank, Guaranteed Issue, 20% cap on profits (all supposed to be blocked by standstill and probable 10 year time limit on nonconforming post-2008 measures) rules against Post-Claim Underwriting, genelining, etc.) [PDF download]

GATS Article XXI procedure - We must pursue this "divorce" from the WTO to escape the WTO GATS trap to regain our freedom to regulate health care.

GATS Article XXI procedure - We must pursue this "divorce" from the WTO to escape the WTO GATS trap to regain our freedom to regulate health care.

Politicians who don't leave GATS first, who try to expand healthcare to all states to lower standards in order to bring in foreign insurers - will destroy whhat little is left of the New Deal and Great Society's the existing safety net. (Social Security, Medicare, etc.)

One popular idea that's been in circulation for quite some time, involves large scale international trade in healthcare services, managed like an auction site with patients health information driving bids for their care and hospital beds.

Like bidding on airline flights or hotel rooms, or subprime mortgages, however, it has major pitfalls. See "The Scope of GATS and of its Obligations" section on medical tourism.

Harmonization - creating one lowest common denominator between all states within each country and then all countries regulations and technical standards such as licensing,  to allow everything to be sold, all workers to work, etc,  in all states and countries has been the major demand by foreign insurers to enter the US market, a change that will forever shut the door to public services - they will be replaced by globalized ones, of wildly varying quality with a nightmare of unaccountability. To get out requires we pursue GATS exit clause, its Article XXI (which would seem to require the government admit what they have done and how they have lied to us for 25 yrs about it.).


Well connected think tanks are pushing very hard to replace what we think of as immigration with this global GATS Mode 4 scheme which has often been compared to slavery.

We must pursue an exit from GATS now because otherwise, soon the vast increases in guest workers which it may force - if we lose a dispute case: DS503 now pending before its dispute body, will make the cost of leaving insanely high and impossible for the country to afford as the fine we will have to pay for doing so is intentionally designed to trap us, as its based on "expected lost profits" under impossible unrealistic - propaganda based projections of future profits under the neoliberal system which consistently wildly inflates everything and makes huge promises for trade deals which are not even remotely based in fact.

For example, read this projection of the huge "efficiency gains" to be had for the services liberalization of both skilled and unskilled labor.. .


Emergency measures are only allowed if they represent the most limited depth and scope possible, and are time limited as well (for example, Obamacare only lasting for ten years as a bridge to full globalization)

Protectionist measures are only allowed if they do not conflict with our promised GATS obligations

For example, it was allowed for Trump to give the most minimal care to people sick with coronavirus only because of the particular conditions and as limited in scope and depth possible, only limited to uninsured and typically unemployed people who had this potentially mortal illness, in order to keep them from spreading it to productive workers, and limited to care for that disease only, and only for those who did not have other insurance.


buying our freedom if we should ever be able to, must be done soon, preferably before Biden comes in in November.

Because with each new opening of our market to low value foreign insurance providers, (the biggest potential problem) or Deep State (or wannabe Deep State, like India) healthcare management firms, GATS Mode 4 in particular, the cost would increase exponentially. So selling one policy "across state lines" will not only reduce medicolegal standards of care to the lowest common denominator everywhere, it could also end up leading to subsidized care only being offered overseas for poorer patients.It should be noted that the WTO is just one of many FTAS, some like the TISA is pushed by the US and seems to have a major healthcare globalization compnent.

Globalization is framed by the US and European countries to the developing countries as offering them access to resources and a means of funding their beleaguered healthcare systems with foreign patients but the reality of poor Americans overseas as their lives at home fall apart

(and Single Payer is blocked forever)

seems very very unlikely to be the panacea that the poor countries are hoping for in a world where inequality between rich and poor is rising rapidly. Instead it could become a red flag for genocide ofthe poor, as they will only be protected by contracts that could fall apart if there is any change in the finaces. In fact that is entirely likely. When you have multiple countries with blame obsessed neoliberal strongmen pointing fingers at one another in order to distract attention fromthe disasters they have created at home, this is almost guaranteed.

Best for us to stop trying to prop up foreign dictators by trading them high, medium and eventually low skill US jobs - which then must be filled by the lowest bidding workers, the jobs our young and middle aged people naively expect to be able to access in the future- the very ones that under the current plans they will be priced out of,  and get out of these agreements now.

Note also that the GATS must be left to preserve Social Security and Medicare as it frames them as non-conforming monopoly services that must be eliminated or reduced in scope (or dismantled even faster unless they are solely for the retired who no longer work and part of our statutory system of social security.)

Otherwise what is left of public safety nets must be totally privatized and globalized bit by bit. Ask them, they wont deny it.

(Also see the keyword links for minimal trade restrictiveness)

That will basically force working and especially sick people who cannot afford to live here on savings or investments out of the country because, because of their rights and "unrealistic expectations" as our former Secretary of State put it (when speaking about Haitians who wanted a small increase in their minimum wage),  there wont be jobs for them. They will be priced out of their own labor market by legal guest workers (search term "temporary movement of natural persons")

Under GATS, nothing works for Americans - most of whom depend on being able to work to survive.the situation will be particularly difficult for small and medium sized business owners who will be forced out of every niche by a potentially "unlimited number" of qualified international firms and their dirt cheap labor forces.

all of the things working people need to survive are likely to get traded away.

They will lose homes to merciless banks based on the other side of the world and when they get sick, be at the mercy of insurance and hospital firms who are trying to wring every last penny out of the transactions as making an honest dollar gets more and more difficult.

Driven by GATS and its big lies, the world's increasingly more and more corrupt and dishonest governments will see each human being who is not working for the corporate state as a liability.

We will lose public education, because the rich will be making the argument, as some already are, of "why educate people who will carry debts and expect unrealistically high wages because of them and likely wont ever be able to afford to stay in school long enough to become employable".


Expanding Medicare to more people, without leaving GATS first, could 'accidentally' destroy Medicare and Social Security (Because of the Annex on Financial Services provisions)

We must leave GATS first and then we can only have a totally noncommercial scheme that has no competition, so that means no health insurance can be sold. We don't want to end up in the horrible condition the NHS is in the UK, that will happen if we allow insurance to be sold like they have. See Page 11 here.

NOTE: There is another page, an article in the News section on the Article XXI procedure too, that you should also read-

Also read its related links. Also read the "carve-outs" keyword links (may need to scroll up)  and read the Recommendations..

Additional resources

As appropriate for a paper by a brilliant JD student, the late Nick Skala's 2009 paper has extensive  legal references.Skala also included a carve out at its end which seems like a good idea because it announces our intent unambiguously to the world is to leave these agreements.

Without that, given the intentional ambiguity situation, (or "creative ambiguity") nothing else would work.

Remember the intent of these 'agreements' nobody in their right mind would agree with, is to capture regulation and end democracy in specific economic domains (service sectors that involve money) irreversibly, so we wont get a second chance, after all, corporations need CERTAINTY and protection from fickle voters. If they just let us vote for things, we would likely tax them and where would they be then? "Majoritarianism" (<<note: This is satire!)

They rigged the system with GATS a long time ago. They are NOT going to let anything change that, not in a million years. The only way out is to expose their little scam so they have to pay a high price for their dishonesty in trust. NOW.

Recently, this paper on JSTOR has collected some of the other relevant links together and formatted them conveniently for use in legal citation.

Because of GATS rules requiring one way motion only (GATS only allows deregulation, not re-regulation) it, must be done NOW or our country's policy space remains imprisoned, our citizens effectively held hostage.

Candidates who claim things they cannot deliver, like "expanding the ACA" (regulation is only allowed to be deregulated, not re-regulated) in violation of the standstill and rollback  and the progressive liberalization rules, without getting out of the GATS first are allowing a massive job outsourcing (GATS's default, and already planned) in those sectors and at best misrepresenting the GATS situation, and it's quite likely for that reason, they don't intend to win.

The entire US political situation is an elaborate theatrical performance that its just unbelievable people don't see through.

Getting out of the GATS may be difficult because other countries claim we promised them the jobs now,( not only after the "single undertaking" as we claim)

As soon as we express our intend to leave, foreign countries may- likely will demand compensation, embarrassing both parties that they would in effect sell their entire constituency out - trading away their jobs by the millions to the lowest bidders.

After all, this is America, the country where almost every film has a happy ending. US politics now is made for TV, its not based on facts. Also, its script writers are on strike.

(Unfortunately, in the real world, often the rich and powerful crush the weak.)

Read the rules, the rules that all WTO members who have made commitments in the relevant sectors, like we have, must follow.

Progressive Liberalization is an aspect of GATS' extreme ideology.

Barring the correct exit procedure, we will be unable to do anything except make things worse and worse.



How to find WHAT service sectors we have committed:

Also see specific commitments

How to find the United States' Specific Commitments -  our GATS schedules, there are several ones - they are additive- so you need to read all of them.

Note to MEDIA, this constitutes official proof of the situation described on this site.

You owe the country a very large apology for carrying the disinformation being disseminated by the mainstream media and failing to carry these facts, inconvenient as they may be.

Public Citizen made a combined PDF some time ago that contained all of the SCs, at that time, but to get the official current version you should compare both that and the documents on the WTO site (I use both whichever is handy and I have never seen any discrepancies, however, new SCs could have been released and you would never know it if you did not check the WTO site)

Because only they are official.


Note that these are only for GATS and there are a great many OTHER US FTAs plus several new ones - like TISA  in the pipeline.

By The Way:
It's very important to NOT have a government that is working to undermine your future behind your back!

It is starting to get hard to remember such times.

Both parties rigged the system to suit corporations, and are cooperating in a huge deception, while telling people what they want to hear.

Media, its your responsibility to call them out on this. You are ignoring the underlying truth! The nation wont forgive you for this, and it will figure it out.


for example, you can see proof there on the WTO site how the US Clinton Administration committed multiple service sectors including health insurance to be bound by the GATS agreement decades ago.

(You can also see there how the Clinton Administration promised in 1998 - on the very last page of the very last supplement (Supplement 3) to the Specific Commitments - to 'reform' the Glass-Steagall Act.

Last page of Specific Commitments Supplement 3 filed in Geneva by the United States of America, February 26, 1998

Indeed they did the very next year, by reforming it out of existence.

That totally contradicts the official story.

The WTO also was given an opportunity to come clean, but they blew it.


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