SCHEDULES OF SPECIFIC COMMITMENTS(ENGLISH)

ANNEXVII

REFERRED TO INARTICLE8.21

SCHEDULESOFSPECIFICCOMMITMENTS

APPENDIX1:CHINA APPENDIX2:SWITZERLAND

APP E NDIX 1 T O ANNEX VII

CHINA – SCHEDULE OF SPECIFIC COMMITMENTS
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
I. HORIZONTAL COMMITMENTS
ALL SECTORS INCLUDED IN THIS SCHEDULE (3)1 In China, foreign invested
enterprises include foreign capital enterprises (also referred to as wholly foreign­owned enterprises) and joint venture enterprises and there are two types of joint venture enterprises: equity joint ventures and contractual joint ventures.2
The proportion of foreign investment in an equity joint venture shall be no less than 25 percent of the registered capital of the joint venture.
The establishment of branches by enterprises of Switzerland is unbound, unless otherwise indicated in specific sub­sectors, as the laws and regulations on branches of foreign enterprises are under formulation. (3) Unbound for all subsidies to domestic services suppliers except as far as committed by China in the WTO.
1 For the purpose of this Schedule, limitations or commitments that refer to a “foreign” participation by service suppliers of Switzerland in a company, enterprise, firm or other type of commercial presence in China, (whether “wholly foreign­owned”, “foreign majority ownership”, “foreign investment”, “foreign ownership”, “foreign minority ownership” or any other form of foreign participation stipulated in Chinese law) means the total participation of non­Chinese capital whatever its origin and its owner, including but not exclusively, the participation by service suppliers of Switzerland. The aforementioned types of foreign participation shall not, collectively or individually, exceed China’s WTO commitments, except the more preferential commitments in the China­Swiss FTA as allowed by the current Chinese laws, regulations and rules.
2 The terms of the contract, concluded in accordance with China’s laws, regulations and other measures, establishing a ”contractual joint venture” govern matters such as the manner of operation and management of the joint venture as well as the investment or other contributions of the joint venture parties. Equity participation by all parties to the contractual joint venture is not
1

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
Representative offices of enterprises of Switzerland are permitted to be established in China, but they shall not engage in any profit­making activities except for the representative offices under CPC
861, 862, 863, 865 in the sectoral specific commitments.

The land in the People’s Republic of China is State­owned. Use of land by enterprises and individuals is subject to the following maximum term limitations:
(a) 70 years for residential purposes; (b) 50 years for industrial purposes; (c) 50 years for the purpose of
education, science, culture, public health and physical education;
(d) 40 years for commercial, tourist and recreational purposes;
(e) 50 years for comprehensive utilisation or other purposes.

(4) Unbound except for measures concerning the entry and temporary stay of natural persons who fall into one of the following categories3:

 

 

 

 

 

 

 

 

 

 

 

 

 
(4) Unbound except for the measures concerning the entry and temporary stay of natural persons who fall into the categories referred to in the market access column.
––––––––––––––––––––––––––
required, but is determined pursuant to the joint venture contract. “Foreign invested enterprise” in this Schedule means a foreign invested enterprise duly constituted or otherwise organised under “Law on Chinese­Foreign Equity Joint Ventures”, “Law on Chinese­Foreign Contractual Joint Ventures” and “Law on Foreign­Capital Enterprises”.

 
3 The definitions of the categories of natural persons are contained in Article 5(a) of Annex VI.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
(a) Business visitor shall be permitted entry for maximum of six months;
(b) Managers, executives and specialists defined as senior employees of a corporation of Switzerland temporarily moving as intra­corporate transferees, shall be permitted entry for an initial stay of three years;
(c) Contractual service supplier (CSS)
shall be granted a stay permit as stipulated in the terms of contracts concerned or an initial stay not exceed one year;
The services provided by CSS are only limited to the specific sectors as follows:
(1) Medical and dental services;
(2) Architectural services; (3) Engineering services;
(4) Urban planning services (except
general urban planning); (5) Computer and related services;
(6) Construction and Related
Engineering Services;
(7) Education Services: CSS shall acquire a bachelor’s degree or above, receive appropriate professional titles or certificates, and have at least two­year professional work experience; the Chinese party involved in the contract shall be a juridical person which has the function of providing education service;
(8) Tourism Services.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
(d) Installers and maintainers: Duration of stay for installers and maintainers is subject to the duration of the contract, but shall not exceed six months.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
II. SPECIFIC COMMITMENTS
1. BUSINESS SERVICES
A. Professional Services
(a) Legal Services
(CPC 861, excluding Chinese law practice)
(1) None
(2) None
(3) Law firms of Switzerland can provide legal services only in the form of representative offices.
Representative offices can engage in profit­making activities.
Business scope of representative offices of Switzerland is only as follows:
(a) to provide clients with consultancy
on the legislation of the country/region where the lawyers of the law firm are permitted to engage in lawyer’s professional work, and on international conventions and
practices;
(b) to handle, when entrusted by clients or Chinese law firms, legal affairs of the country/region where the
lawyers of the law firm are permitted to engage in lawyer’s
professional work;
(c) to entrust, on behalf of foreign clients, Chinese law firms to deal with the Chinese legal affairs;
(d) to enter into contracts to maintain long­term entrustment relations with
Chinese law firms for legal affairs;
(e) to provide information on the impact of the Chinese legal environment.
(1) None
(2) None
(3) All representatives shall be resident in China no less than six months each year. The representative office
shall not employ Chinese national registered lawyers.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
Entrustment allows the
representative office of Switzerland to directly instruct lawyers in the entrusted Chinese law firm, as agreed between both parties.
The representatives of a law firm of
Switzerland shall be practitioner
lawyers who are members of the bar or law society in a WTO Member and have practiced for no less than two years outside of China. The Chief representative shall be a
partner or equivalent (e.g., member
of a law firm of a limited liability corporation) of a law firm of Switzerland and have practiced for no less than three years outside of China.
(4) Unbound except as indicated in
horizontal commitments.

 

 

 

 

 

 

 

 

 

(4) Unbound except as indicated in horizontal commitments.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
(b) Accounting, auditing and bookkeeping services (CPC 862) (1) None
(2) None
(3) Partnerships or incorporated accounting firms are limited to Certified Public Accountants (CPAs) licensed by the Chinese authorities.
(4) Unbound except as indicated in horizontal commitments. (1) None
(2) None
(3) None

 

 

(4) Unbound except as indicated in horizontal commitments. ­ Accounting firms of Switzerland are permitted to affiliate with Chinese firms and enter into contractual agreements with their affiliated
firms in other WTO Members.
­ Issuance of licences to natural persons of Switzerland who have passed the Chinese national CPA examination shall be accorded national treatment.
­ Applicants of Switzerland shall be informed of results in writing no later than 30 days after submission of their applications.
­ Accounting firms providing services in CPC 862 can engage in taxation and management consulting
services. They are not subject to requirements on form of establishment in CPC 865 and 8630.
(c) Taxation services
(CPC 8630) (1) None
(2) None
(3) Firms of Switzerland are permitted to establish wholly foreign­owned subsidiaries.
(4) Unbound except as indicated in horizontal commitments. (1) None
(2) None
(3) None
(4) Unbound except as indicated in horizontal commitments.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
(d) Architectural services
(CPC 8671)
(e) Engineering services
(CPC 8672)
(f) Integrated engineering services
(CPC 8673)
(g) Urban planning services (except general urban planning)
(CPC 8674) (1) None for scheme design.
Co­operation with Chinese professional organisations is required except scheme design.
(2) None
(3) Joint ventures, with foreign majority ownership are permitted.
Wholly foreign­owned enterprises are permitted.
(4) Unbound except as indicated in horizontal commitments. (1) None

 

(2) None
(3) Service suppliers of Switzerland shall be registered architects/engineers, or enterprises engaged in architectural/engineering/urban planning services, in Switzerland.
(4) Unbound except as indicated in horizontal commitments.
(h) Medical and dental services
(CPC 9312) (1) None
(2) None
(3) Service suppliers of Switzerland are permitted to establish joint venture hospitals or clinics with Chinese partners with quantitative
limitations in line with China’s needs, with foreign majority ownership permitted.
(4) Unbound except as indicated in horizontal commitments and as follows:
Doctors of Switzerland with professional certificates issued by Switzerland shall be permitted to provide short­term medical services in China after they obtain licences from National Health and Family Planning Commission. The term of service is six months and may extend to one year. (1) None
(2) None
(3) The majority of doctors and medical personnel of the joint venture hospital and clinics shall be of Chinese nationality.

 

(4) Unbound except as indicated in horizontal commitments.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
B. Computer and Related Services (Computer and related services do not cover the economic activity consisting of the provision of content services which require computer and related services as means of supply)

(a) Consultancy services related to the installation of computer hardware (CPC 841)

 

 

 

(1) None (2) None (3) None
(4) Unbound except as indicated in horizontal commitments.

 

 

 

(1) None (2) None (3) None
(4) Qualifications are as follows: certified engineers, or personnel with Bachelor’s degree (or above) and three years of experience in these fields.
(b) Software implementation services
(CPC 842)
(c) Data processing services
(CPC 843)
­ Input preparation services
(CPC 8431) (1) None
(2) None
(3) Wholly foreign­owned enterprises are allowed.
(4) Unbound except as indicated in horizontal commitments. (1) None
(2) None
(3) None

(4) Qualifications are as follows: certified engineers, or personnel with Bachelor’s degree (or above) and three years of experience in these fields.
­ Data processing and tabulation
services
(CPC 8432)
­ Time­sharing services
(CPC 8433) (1) None
(2) None
(3) None
(4) Unbound except as indicated in horizontal commitments. (1) None (2) None (3) None
(4) Qualifications are as follows:
certified engineers, or personnel with Bachelor’s degree (or above) and three years of experience in these fields.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
C. Research and Development Services
­ Research & experimental development services on natural sciences and engineering (CPC 8510) (excluding prohibited foreign investment industries defined in Catalogue for the Guidance of Foreign Investment Industries published by Chinese government)
(1) Unbound
(2) None
(3) Wholly foreign­owned enterprises are allowed.
(4) Unbound except as indicated in horizontal commitments.
(1) Unbound
(2) None
(3) None

(4) Unbound except as indicated in horizontal commitments.
D. Real Estate Services
(a) Real estate services involving own or leased property
(CPC 821)
(b) Real estate services on a fee or contract basis
(CPC 822)
(1) None
(2) None
(3) Wholly foreign­owned enterprises are allowed.
(4) Unbound except as indicated in horizontal commitments.
(1) None (2) None (3) None

(4) Unbound except as indicated in horizontal commitments.
F. Other Business Services
(a) Advertising Services
(CPC 871)
(1) Only through advertising agents registered in China who have the right to provide foreign advertising services.
(2) Only through advertising agents registered in China who have the right to provide foreign advertising services.
(3) Service suppliers of Switzerland are permitted to establish advertising enterprises in China. Wholly foreign­owned subsidiaries are permitted.
(4) Unbound except as indicated in horizontal commitments.
(1) None (2) None (3) None

(4) Unbound except as indicated in horizontal commitments.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
(b) Market research services
(CPC 86401, only limited to investigation services designed to secure information on the prospects and performance of an organisation’s products in the market) (1) Unbound
(2) Unbound
(3) Only in the form of joint ventures, with foreign majority ownership permitted. Economic needs tests are required.
(4) Unbound except as indicated in horizontal commitments. Requirement for a commercial presence. (1) Unbound
(2) Unbound
(3) Unbound

 

(4) Unbound except as indicated in horizontal commitments.
(c) Management Consulting services
(CPC 865) (1) None
(2) None
(3) Wholly foreign­owned subsidiaries are allowed.
(4) Unbound except as indicated in horizontal commitments. (1) None
(2) None
(3) None

(4) Unbound except as indicated in horizontal commitments.
(d) Services related to management
consulting (only limited to the following sub­sector)

­ Project management services other than for construction
(CPC 86601)

 
(1) None
(2) None
(3) Only in the form of joint ventures, with foreign majority ownership permitted. Economic needs tests are required.
(4) Unbound except as indicated in horizontal commitments.

 
(1) Unbound (2) Unbound (3) Unbound

 

(4) Unbound except as indicated in horizontal commitments.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
(e) Technical testing and analysis
services
(CPC 8676)
and freight inspection covered by CPC 749, excluding statutory inspection services for freight inspection services (1) None
(2) None
(3) Services suppliers of Switzerland which have been engaged in inspection services in Switzerland for more than three years are permitted to establish joint venture technical testing, analysis and freight inspection companies with no less than US$ 350,000 in registered capital.
Wholly foreign­owned subsidiaries are permitted.
(4) Unbound except as indicated in horizontal commitments. (1) None
(2) None
(3) None

 

 

 

 

 

(4) Unbound except as indicated in horizontal commitments.
(f) Services incidental to agriculture, forestry, hunting and fishing (CPC 881, 882) (1) None
(2) None
(3) Only in the form of joint ventures, with foreign majority ownership permitted.
(4) Unbound except as indicated in horizontal commitments. (1) None
(2) None
(3) None
(4) Unbound except as indicated in horizontal commitments.
(h) Services incidental to mining (CPC 883, only including oil and natural gas) (1) Unbound
(2) None
(3) Only in the form of oil and gas
exploitation in cooperation with
Chinese partners.
(4) Unbound except as indicated in horizontal commitments. (1) Unbound
(2) None
(3) None
(4) Unbound except as indicated in horizontal commitments.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
Related scientific technical consulting services

­ Field services for iron, copper and manganese

Geological, geophysical and other scientific prospecting services (part of CPC 86751)
Sub­surface surveying services
(part of CPC 86752)

 

(1) None
(2) None
(3) Only in the form of prospecting and surveying services for iron, copper and manganese in cooperation with Chinese partners.
(4) Unbound except as indicated in horizontal commitments.

 

(1) None (2) None (3) None

 

(4) Unbound except as indicated in horizontal commitments.
(m) Related scientific technical consulting services
(CPC 8675)

­ Offshore oil­field services geological, geophysical and other scientific prospecting services (CPC 86751)
Sub­surface surveying services
(CPC 86752)

 
(1) None
(2) None
(3) Only in the form of petroleum exploitation in cooperation with Chinese partners.
(4) Unbound except as indicated in
horizontal commitments.

 
(1) None (2) None (3) None
(4) Unbound except as indicated in horizontal commitments.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
­ Onshore oil­field services (1) None
(2) None
(3) Only in the form of petroleum exploitation in cooperation with China National Petroleum Corp. (CNPC) or China Petroleum & Chemical Corporation (SINOPEC) in the designated areas approved by the Chinese government.
In order to carry out the petroleum contract, the service supplier of Switzerland shall establish a branch, subsidiary or representative office within the territory of the People’s Republic of China and go through registration formalities in
accordance with the laws. The
domiciles of the said offices shall be determined through consultation with CNPC or SINOPEC.
The service supplier of Switzerland shall open its bank account with a bank approved by the Chinese authorities to engage in foreign exchange business within the Chinese territory.
(4) Unbound except as indicated in horizontal commitments. (1) None
(2) None
(3) The service supplier of Switzerland shall furnish CNPC or SINOPEC accurately and promptly with the reports on the petroleum operations, and shall submit to CNPC or SINOPEC the data and samples as well as various technological, economic, accounting and administrative reports related to petroleum operations.
CNPC or SINOPEC shall have the ownership of all of the data records, samples, vouchers and other original information acquired during the implementation of the petroleum operations. The investment of
service suppliers of Switzerland shall be made in Swiss francs or other hard currencies.

 

 
(4) Unbound except as indicated in horizontal commitments.
(o) Building­cleaning services
(CPC 874) (1) Unbound*
(2) None
(3) Wholly foreign­owned enterprises are allowed.
(4) Unbound except as indicated in horizontal commitments. (1) Unbound*
(2) None
(3) None

(4) Unbound except as indicated in horizontal commitments.
* Unbound due to lack of technical feasibility.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
(p) Photographic services
(CPC 875) (1) None
(2) None
(3) Only in the form of joint ventures, with foreign majority ownership permitted.
(4) Unbound except as indicated in horizontal commitments. (1) None
(2) None
(3) None
(4) Unbound except as indicated in horizontal commitments.
(q) Packaging services
(CPC 876) (1) None
(2) None
(3) Service suppliers of Switzerland are permitted to establish wholly foreign­owned subsidiaries.
(4) Unbound except as indicated in horizontal commitments. (1) None
(2) None
(3) None
(4) Unbound except as indicated in horizontal commitments.
(r) Printing of packaging materials, on a fee or contract basis
(CPC 88442, only limited to the printing of packaging materials) (1) Unbound
(2) Unbound
(3) Wholly foreign­owned enterprises
are permitted. Economic needs tests are required.
(4) Unbound except as indicated in
Horizontal Commitments. (1) Unbound
(2) Unbound
(3) Unbound
(4) Unbound except as indicated in
Horizontal Commitments.
(s) Convention services
(CPC 87909) (1) None
(2) None
(3) Only in the form of joint ventures, with foreign majority ownership permitted.
(4) Unbound except as indicated in horizontal commitments. (1) None
(2) None
(3) None
(4) Unbound except as indicated in horizontal commitments.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
(t) Translation and interpretation services
(CPC 87905) (1) None
(2) None
(3) Wholly foreign­owned enterprises are allowed.
(4) Unbound except as indicated in horizontal commitments. (1) None
(2) None
(3) None

(4) Qualifications are as follows: three years of experience in translation or interpretation and a good command of the working language(s).
­ Maintenance and repair services
(CPC 63, 6112 and 6122)
­ Maintenance and repair services of office machinery and equipment including computers
(CPC 845 and 886)
­ Rental and leasing services
(CPC 831, 832, excluding CPC
83202) (1) None
(2) None
(3) Wholly foreign­owned subsidiaries are permitted.
For Rental and Leasing services, service suppliers are required to have global assets of US$ 5 million.
(4) Unbound except as indicated in horizontal commitments. (1) None
(2) None
(3) None

 

 

(4) Unbound except as indicated in horizontal commitments.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
2. COMMUNICATION SERVICES
B. Courier Services
(CPC 75121, except for those specifically reserved to Chinese postal authorities by law at the time of China’s accession to WTO on
11th December 2001) (1) None
(2) None
(3) Service suppliers of Switzerland are permitted to establish wholly foreign­owned subsidiaries
(4) Unbound except as indicated in horizontal commitments. (1) None
(2) None
(3) None
(4) Unbound except as indicated in horizontal commitments.
C. Telecommunication Services4
Value­added Services
Including the following:
(h) Electronic mail
(i) Voice mail
(j) On­line information and database retrieval
(k) Electronic data interchange
(l) Enhanced/Value­added facsimile services
(including store and forward, store
and retrieve)
(m) Code and protocol conversion
(n) On­line information and/or data processing (including transaction processing)
(1) See mode 3 (2) None
(3) Service suppliers of Switzerland are permitted to establish joint venture value­added telecommunication enterprises and foreign investment
in the joint ventures shall be no more than 50 percent.
(4) Unbound except as indicated in horizontal commitments.
(1) None (2) None (3) None

 

 
(4) Unbound except as indicated in horizontal commitments.

 

 

 

 
4 China’s commitments are scheduled in accordance with the following: Notes for Scheduling Basic Telecom Services Commitments (S/GBT/W/2/REV/1) and Market Access
Limitations on Spectrum Availability (S/GBT/W/3) attached hereto.
All international telecommunications services shall go through gateways established with the approval of China’s telecommunications authorities, which will act as an independent regulatory authority in accordance with the principles of paragraph 5 of the Reference Paper.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
Basic Telecommunication
Services

­ Paging Services
(1) See mode 3 (2) None
(3) Service suppliers of Switzerland are permitted to establish joint venture enterprises and foreign investment
in the joint ventures shall be no
more than 50 percent.
(4) Unbound except as indicated in horizontal commitments.
(1) None (2) None (3) None

 

 

(4) Unbound except as indicated in horizontal commitments. China undertakes the obligations
contained in the Reference Paper in
Attachment 1 attached hereto.
Mobile Voice and Data Services:

­ Analogue / Digital / Cellular
Services
­ Personal Communication Services

(1) See mode 3 (2) None
(3) Service suppliers of Switzerland are
permitted to establish joint ventures only, and foreign investment in the joint ventures shall be no more than
49 percent.
(4) Unbound except as indicated in horizontal commitments.

(1) None (2) None (3) None

 

 

(4) Unbound except as indicated in horizontal commitments.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
­ Domestic Services
(a) Voice services
(b) Packet­switched data transmission services
(c) Circuit­switched data transmission services
(f) Facsimile services
(g) Domestic private leased circuit services

­ International Services
(a) Voice services
(b) Packet­switched data transmission services
(c) Circuit­switched data transmission services
(f) Facsimile services
(g) International closed user group voice and data services (use of private leased circuit service is permitted) (1) See mode 3
(2) None
(3) Service suppliers of Switzerland are permitted to establish joint ventures only, and foreign investment in the joint ventures shall be no more than
49 percent.
(4) Unbound except as indicated in horizontal commitments. (1) None
(2) None
(3) None

 

 

(4) Unbound except as indicated in horizontal commitments.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
D. Audiovisual Services

­ Videos, including entertainment software and
(CPC 83202), distribution services
­ Sound recording distribution services

(1) None
(2) None
(3) Services suppliers of Switzerland are permitted to establish contractual joint ventures with Chinese partners to engage in the
distribution of audiovisual products,
excluding motion pictures, without prejudice to China’s right to examine the content of audio and video products (see footnote 2).
(4) Unbound except as indicated in horizontal commitments.

(1) None (2) None (3) None

 

 

 

 

(4) Unbound except as indicated in horizontal commitments.

Without prejudice to compliance with China’s regulations on the administration of films, China allow the importation of motion pictures for theatrical release from foreign countries on a revenue­sharing basis and the number of such imports
shall be 20 on an annual basis.
­ Cinema Theatre Services (1) None
(2) None
(3) Services suppliers of Switzerland are permitted to construct and/or renovate cinema theatres, with foreign investment no more than 49 percent.
(4) Unbound except as indicated in horizontal commitments. (1) None
(2) None
(3) None

 

 

(4) Unbound except as indicated in horizontal commitments.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
3. CONSTRUCTION AND
RELATED ENGINEERING SERVICES
(CPC 511, 512, 5135, 514, 515,
516, 517, 5186) (1) Unbound*
(2) None
(3) Joint ventures, with foreign majority ownership are permitted.
Wholly foreign­owned enterprises are permitted. Wholly foreign­ owned enterprises can only undertake the following four types of construction projects.
1. Construction projects wholly
financed by foreign investment and/or grants.
2. Construction projects financed by loans of international financial institutions and awarded through international tendering according to the terms of loans.
3. Chinese­foreign jointly
constructed projects with foreign investment equal to or more than 50 percent; and Chinese­foreign jointly constructed projects with foreign investment less than 50 percent but technically difficult to be implemented by Chinese construction enterprises alone.
4. Chinese invested construction projects which are difficult to be implemented by Chinese construction enterprises alone can be jointly undertaken by Chinese
and foreign construction enterprises with the approval of provincial government.
(4) Unbound except as indicated in horizontal commitments. (1) Unbound*
(2) None
(3) None

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
(4) Unbound except as indicated in horizontal commitments.

5 Including dredging services relating to infrastructure construction.
6 Coverage of CPC 518 is limited only to the rental and leasing services of construction and/or demolition machines with operator which are owned and used by foreign construction enterprises in their supply of services.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
4. DISTRIBUTION SERVICES
(as defined in Attachment 2)
A. Commission Agents’ Services
(excluding salt, tobacco)

B. Wholesale Trade Services
(excluding salt, tobacco) (1) Unbound
(2) None
(3) Wholly foreign­owned enterprises are allowed.
(4) Unbound except as indicated in horizontal commitments. (1) Unbound
(2) None
(3) None

(4) Unbound except as indicated in horizontal commitments. Foreign­invested enterprises are
permitted to distribute their products manufactured in China, including the products listed in the market access or sector or sub­sector column, and provide subordinate services as defined in the Attachment 2.

Service suppliers of Switzerland are permitted to provide the full range of related subordinate services, including after sales services, as defined in Attachment 2, for the products they distribute.
C. Retailing Services (excluding
tobacco). (1) Unbound except for mail order.
(2) None
(3) Wholly foreign­owned enterprises are allowed, except for:
chain stores which sell products of different types and brands from multiple suppliers with more than
30 outlets. For such chains stores with more than 30 outlets, foreign majority ownership are not permitted if those chain stores distribute any of the following products: (1) Unbound except for mail order.
(2) None
(3) None Foreign­invested enterprises may
distribute their products manufactured in China, including those excepted products as listed in the market access or sector or sub­sector column, and provide subordinate services as defined in Attachment 2.

Service suppliers of Switzerland are permitted to provide full range of related subordinate services, including after sales services, as defined in Attachment 2, for the products they distribute.

 
––––––––––––––––––––––––––
* Unbound due to lack of technical feasibility.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
books, newspapers, magazines,
pharmaceutical products, pesticides, mulching films, processed oil, chemical fertilizers and products listed in Annex 2a of the Protocol of China’s WTO Accession. The chain store operators of Switzerland will have the freedom of choice of any partner, legally established in China according to China’s laws and regulations.

(4) Unbound except as indicated in horizontal commitments.

 

 

 

 

 

 

(4) Unbound except as indicated in horizontal commitments.
D. Franchising (1) None
(2) None
(3) None
(4) Unbound except as indicated in horizontal commitments. (1) None
(2) None
(3) None
(4) Unbound except as indicated in horizontal commitments.
E. Wholesale or retail trade services
away from a fixed location. (1) None
(2) None
(3) None7
(4) Unbound except as indicated in horizontal commitments. (1) None
(2) None
(3) None
(4) Unbound except as indicated in horizontal commitments.

 

 

 

 

 

 

7 See paragraph 310 of the Report of the Working Party on the Accession of China to the WTO.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
5. EDUCATIONAL SERVICES
(Excluding special education
services e.g. military, police, political and party school education)

A. Primary education services (CPC 921, excluding national compulsory education in CPC
92190)
B. Secondary education services (CPC 922, excluding national compulsory education in CPC
92210)
C. Higher education services
(CPC 923)
D. Adult education services
(CPC 924)
E. Other education services
(CPC 929, including German, French and Italian languages training)

 

 

(1) Unbound
(2) None
(3) Joint schools may be established, with foreign majority ownership permitted.
(4) Unbound except as indicated in horizontal commitments and the following:
Individual education service suppliers of Switzerland may enter into China to provide education services when invited or employed by Chinese schools and other education institutions.

 

 

(1) Unbound
(2) None
(3) Unbound
(4) Qualifications are as follows: possession of Bachelor’s degree or above;
and an appropriate professional title or certificate, with two years’ professional experiences.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
6. ENVIRONMENTAL SERVICES
(excluding environmental quality
monitoring and pollution source inspection)
A. Sewage Services
(CPC 9401) (1) Unbound except for environmental
consultation services. (2) None
(3) Wholly foreign­owned enterprises are allowed.
(4) Unbound except as indicated in horizontal commitments. (1) None

(2) None
(3) None

(4) Unbound except as indicated in horizontal commitments.
B. Solid Waste Disposal Services
(CPC 9402) (1) Unbound except for environmental
consultation services. (2) None
(3) Wholly foreign­owned enterprises are allowed.
(4) Unbound except as indicated in
horizontal commitments. (1) None

(2) None
(3) None

(4) Unbound except as indicated in horizontal commitments.
C. Cleaning Services of Exhaust Gases
(CPC 9404) (1) Unbound except for environmental
consultation services. (2) None
(3) Wholly foreign­owned enterprises are allowed.
(4) Unbound except as indicated in horizontal commitments. (1) None

(2) None
(3) None

(4) Unbound except as indicated in horizontal commitments.
D. Noise Abatement Services
(CPC 9405) (1) Unbound except for environmental
consultation services. (2) None
(3) Wholly foreign­owned enterprises are allowed.
(4) Unbound except as indicated in horizontal commitments. (1) None

(2) None
(3) None

(4) Unbound except as indicated in horizontal commitments.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
E. Nature and Landscape Protection
Services
(CPC 9406) (1) Unbound except for environmental
consultation services. (2) None
(3) Foreign services suppliers engaged in environmental services are permitted to provide services only in the form of joint ventures, with foreign majority ownership permitted.
(4) Unbound except as indicated in horizontal commitments. (1) None

(2) None
(3) None

 

 
(4) Unbound except as indicated in horizontal commitments.
F. Other Environmental Protection
Services
(CPC 9409) (1) Unbound except for environmental
consultation services. (2) None
(3) Foreign services suppliers engaged in environmental services are permitted to provide services only in the form of joint ventures, with foreign majority ownership permitted.
(4) Unbound except as indicated in horizontal commitments. (1) None

(2) None
(3) None

 

 
(4) Unbound except as indicated in horizontal commitments.
G. Sanitation Services
(CPC 9403) (1) Unbound except for environmental
consultation services. (2) None
(3) Wholly foreign­owned enterprises are allowed.
(4) Unbound except as indicated in horizontal commitments. (1) None

(2) None
(3) None

(4) Unbound except as indicated in horizontal commitments.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
7. FINANCIAL SERVICES
A. All Insurance and Insurance­Related
Services
(a) Life, health and pension/annuities insurance
(b) Non­life insurance
(c) Reinsurance
(d) Services auxiliary to insurance

(1) Unbound except for: (a) reinsurance;
(b) international marine, aviation, and transport insurance; and
(c) brokerage for large scale commercial risks, international marine, aviation, and transport insurance, and reinsurance.

(2) Unbound for brokerage. Other, none.
(3) A. For m of est a bl i shm en t
Non­life insurers of Switzerland are permitted to establish as a branch or as a wholly­owned subsidiary; i.e., with no form of establishment restrictions.
Life insurers of Switzerland are permitted 50 percent foreign ownership in a joint venture with the partner of their choice.

(1) None

 

 

 

 

(2) None

(3) None, except for:
­ Insurance institutions of Switzerland shall not engage in the statutory insurance business.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
The joint venture partners can freely
agree the terms of their engagement, provided they remain within the limits of the commitments contained in this Schedule.

For brokerage for insurance of large scale commercial risks and brokerage for reinsurance and brokerage for international marine,
aviation, and transport insurance and reinsurance: wholly foreign owned subsidiary are permitted. For other brokerage services: Unbound. Internal branching is permitted for insurance firms of Switzerland
which have established joint venture
insurance companies or wholly owned subsidiaries in China. Internal branching is permitted for brokerage for insurance of large scale commercial risks and brokerage for reinsurance and brokerage for international marine,
aviation, and transport insurance and
reinsurance which have established wholly foreign­owned subsidiaries in China.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
B. Busi n ess Scope
Non­life insurers of Switzerland are permitted to provide “Master
policy” (see Attachment 3) insurance/insurance of large scale commercial risks, which has no geographic restrictions. In accordance with national treatment, insurance brokers of Switzerland are permitted to provide “Master
policy” no later than Chinese brokers, under conditions no less favourable.
Non­life insurers of Switzerland are permitted to provide the full range of non­life insurance services to both foreign and domestic clients. Insurers of Switzerland are permitted to provide health insurance, individual/group insurance and pension/annuities
insurance to foreigners and Chinese. Insurers of Switzerland are
permitted to provide reinsurance services for life and non­life insurance as a branch, joint venture, or wholly foreign­owned subsidiary, without geographic or quantitative restrictions on the number of licences issued.

C. Li cen ces
Licences will be issued with no
economic needs test or quantitative limits on licences. Qualifications for establishing an insurance institution of Switzerland are as follows:

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
­ the investor shall be an insurance
company of Switzerland with more than 30 years of establishment experience in a WTO Member;
­ it shall have a representative office for two consecutive years in China;
­ it shall have total assets of more than US$ 5 billion at the end of the year prior to application, except for insurance brokers.
Insurance brokers shall have total assets of more than US$ 200 million.

(4) Unbound except as indicated in horizontal commitments.

 

 

 

 

 

 

 

(4) Unbound except as indicated in horizontal commitments.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
B. Banking and Other Financial
Services
(excluding insurance and securities) Banking services as listed below:
(a) Acceptance of deposits and other repayable funds from the public;
(b) Lending of all types, including
consumer credit, mortgage credit, factoring and financing of commercial transaction;
(c) Financial leasing;
(d) All payment and money transmission services, including credit, charge and debit cards, travellers cheques and bankers drafts (including import and export settlement);
(e) Guarantees and commitments; (f) Trading for own account or for
account of customers: foreign exchange.

 

 
(1) Unbound except for the following:
­ Provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services;
­ Advisory, intermediation and other auxiliary financial services on all activities listed in subparagraphs (a) through (k), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy.

(2) None
(3) A. Geogr a ph i c cover a ge
For foreign currency and local currency business, there are no geographic restriction.

 

 
(1) None

 

 

 

 

 

 

 

(2) None
(3) None, except for prudential measures.8

 

 
For financial leasing services, financial leasing corporations of Switzerland will be permitted to provide financial leasing service at the same time as domestic corporations.

 

 

 

 

 

 

 

8 Such prudential measures are in line with paragraph 1 of Article 11 of Annex VI.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
B. Cl i en t s
For foreign currency business, financial institutions of Switzerland are permitted to provide services in China without restriction as to clients.
For local currency business, financial institutions of Switzerland are permitted to provide services to Chinese enterprises. Financial institutions of Switzerland are permitted to provide services to all Chinese clients. Financial institutions of Switzerland licensed for local currency business in one region of China may service clients in any other region.

C. Li cen sin g
Criteria for authorisation to deal in China’s financial services sector are solely prudential (i.e., contain no economic needs test or quantitative limits on licences).

Financial institutions of Switzerland who meet the following condition are permitted to establish a subsidiary of a bank of Switzerland in China:

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
­ total assets of more than US$ 10
billion at the end of the year prior to filing the application.

Financial institutions of Switzerland who meet the following condition are permitted to establish a branch
of a bank of Switzerland in China:

­ total assets of more than US$ 20 billion at the end of the year prior to filing the application.

Financial institutions of Switzerland who meet the following condition are permitted to establish a Chinese­ foreign joint bank in China:

­ total assets of more than US$ 10 billion at the end of the year prior to filing the application.

Qualifications for financial institutions of Switzerland to engage in local currency business are as follows:

­ three years business operation in China and being profitable for two consecutive years prior to the application, otherwise, none.

(4) Unbound except as indicated in horizontal commitments.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
(4) Unbound except as indicated in horizontal commitments.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
­ Motor vehicle financing by non­
bank financial institutions (1) Unbound except for the following:
­ Provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services;
­ Advisory, intermediation and other auxiliary financial services on all activities listed in subparagraphs (a) through (k), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy.

(2) None
(3) None
(4) Unbound except as indicated in
horizontal commitments. (1) Unbound

 

 

 

 

 

 

 

(2) None
(3) None
(4) Unbound except as indicated in
horizontal commitments.
­ Other financial services as listed
below:
(k) Provision and transfer of financial information, and financial data processing and related software by supplier of other financial services;
(l) Advisory, intermediation and other
auxiliary financial services on all activities listed in subparagraphs (a) through (k), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy. (1) None
(2) None
(3) None. Criteria for authorisation to deal in China’s financial services sector are solely prudential (i.e., contain no economic needs test or quantitative limits on licences). Branches of institutions of Switzerland are permitted.
(4) Unbound except as indicated in horizontal commitments. (1) None
(2) None
(3) None

 

 

 

(4) Unbound except as indicated in horizontal commitments.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
­ Securities (1) Unbound except for the following:
(a) Securities institutions of Switzerland may engage directly (without Chinese intermediary) in B share business.
(b) Service suppliers of Switzerland which meet the requirement of China’s relevant laws and regulations are permitted to provide the following services to Chinese Qualified Institutional Investors (QDII):
­ Trading for account of QDII;
­ Providing securities trading advice or portfolio management;
­ Providing custody for overseas assets of QDII.

(2) None
(3)
(a) Unbound except for the following: Representative offices in China of securities institutions of Switzerland may become Special Members of all Chinese stock exchanges.
Service suppliers of Switzerland are permitted to establish joint ventures with foreign investment up to 49 percent to conduct domestic securities investment fund management business. Securities institutions of Switzerland are permitted to establish joint ventures, with foreign minority ownership not exceeding 49 percent, to engage (without Chinese intermediary) in underwriting A shares and in underwriting and trading of B and H shares as well as government and corporate debts, launching of funds. (1) None

 

 

 

 

 

 

 

 

 
(2) None
(3) None

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

35

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
The joint venture securities
companies which meet the regulatory requirements and conditions, upon approval, are permitted to gradually engage in securities brokerage, proprietary trading and asset management.
(b) Criteria for authorisation to deal in China’s financial industry are solely prudential (i.e., contain no economic needs test or quantitative limits on licences).

(4) Unbound expect as indicated in horizontal commitments.

 

 

 

 

 

 
(4) Unbound except as indicated in horizontal commitments.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
9. TOURISM AND TRAVEL
RELATED SERVICES
A. Hotels (including apartment
buildings) and Restaurants
(CPC 641­643) (1) None
(2) None
(3) Services suppliers of Switzerland may construct, renovate and operate hotel and restaurant establishments in China.
Wholly foreign­owned subsidiaries
are permitted.
(4) Unbound except as indicated in horizontal commitments. (1) None
(2) None
(3) None

 

 
(4) Unbound except as indicated in horizontal commitments.
B. Travel Agency and Tour Operator
(CPC 7471) (1) None
(2) None
(3) None

 

 

 

(4) Unbound except as indicated in horizontal commitments. (1) None
(2) None
(3) None except that joint ventures or wholly foreign­owned travel agencies and tour operators are not permitted to engage in the activities of Chinese travelling abroad and to Hong Kong China, Macao China and Chinese Taipei.
(4) Unbound except as indicated in horizontal commitments.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
10. RECREATIONAL, CULTURAL
AND SPORTING SERVICES: (other than audiovisual services)

D. Sporting and other recreational services (Only limited to CPC
96411, 96412, 96413, 96419 excluding golf)

 
(1) None (2) None (3) None
(4) Unbound except as indicated in horizontal commitments.

 
(1) None (2) None (3) None
(4) Unbound except as indicated in horizontal commitments.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
11. TRANSPORT SERVICES
A. Maritime Transport Services
­ International transport (freight and passengers)
(CPC 7211 and 7212 less cabotage transport services)
(1) (a) Liner shipping (including passenger transportation): None (b) Bulk, tramp and other international shipping (including passenger transportation): None

(2) None
(3) (a) Establishment of registered companies for the purpose of operating a fleet under the national flag of the People’s Republic of China:
­ Service suppliers of Switzerland are permitted to establish joint venture shipping companies.
­ Foreign investment shall not exceed
49 percent of the total registered capital of the joint venture.
­ The chairman of board of directors and the general manager of the joint venture shall be appointed by the Chinese side.
(b) Other forms of commercial
presence for the supply of international maritime transport services: Unbound

(4) (a) Ship’s crew: Unbound except as indicated in horizontal commitments.
(b) Key personnel employed by
Commercial Presence as defined under mode (3) (b) above: Unbound except as indicated in horizontal commitments.
(1) (a) None

(b) None

 

(2) None
(3) (a) None

 

 

 

 

 

 

 
(b) Unbound

 

 

(4) (a) Unbound except as indicated in horizontal commitments.

(b) Unbound except as indicated in horizontal commitments. The following services at the port are made available to international maritime transport suppliers on reasonable and non­discriminatory terms and conditions:
1. Pilotage
2. Towing and tug assistance
3. Provisioning, fuelling and watering
4. Garbage collecting and ballast waste disposal
5. Port Captain’s services
6. Navigation aids
7. Shore­based operational services
essential to ship operations, including communications, water and electrical supplies
8. Emergency repair facilities
9. Anchorage, berth and berthing services.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
H. Auxiliary Services
(a) Maritime cargo­handling services
(CPC 741)
(1) Unbound*
(2) None
(3) Only in the form of joint ventures, with foreign majority ownership permitted.
(4) Unbound except as indicated in horizontal commitments.
(1) Unbound*
(2) None
(3) None
(4) Unbound except as indicated in horizontal commitments.
(c) Customs clearance services (1) Unbound
(2) None
(3) None
(4) Unbound except as indicated in horizontal commitments. (1) Unbound
(2) None
(3) None
(4) Unbound except as indicated in horizontal commitments.
(d) Container station and depot services (1) Unbound*
(2) None
(3) Only in forms of joint ventures, with foreign majority ownership permitted.
(4) Unbound except as indicated in horizontal commitments. (1) Unbound*
(2) None
(3) None
(4) Unbound except as indicated in horizontal commitments.
(e) Maritime agency services (1) None
(2) None
(3) Only in forms of joint ventures, with foreign equity share no more than 49 percent.
(4) Unbound except as indicated in horizontal commitments. (1) None
(2) None
(3) None
(4) Unbound except as indicated in horizontal commitments.

 

 

* Unbound due to lack of technical feasibility.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
B. Internal Waterways Transport
(b) Freight transport
(CPC 7222)
(1) Only international shipping in ports open to foreign vessels are permitted.
(2) None
(3) Unbound
(4) Unbound except as indicated in horizontal commitments.
(1) Limitations as indicated under market access column.

(2) None
(3) Unbound
(4) Unbound except as indicated in horizontal commitments
C. Air Transport Services
(d) Aircraft repair and maintenance services
(CPC 8868)
(1) Unbound*
(2) None
(3) Service suppliers of Switzerland are permitted to establish joint venture aircraft repair and maintenance enterprises in China. The Chinese side shall hold controlling shares or be in a dominant position in the joint ventures.
(4) Unbound except as indicated in horizontal commitments.
(1) Unbound*
(2) None
(3) None

 

 

 

(4) Unbound except as indicated in horizontal commitments.

 

 

 

 

 

 

 

 
* Unbound due to lack of technical feasibility.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
­ Computer Reservation System
(CRS) services (1) A. Foreign Computer Reservation
System, when having agreements with Chinese aviation enterprises and Chinese Computer Reservation System, may provide services to Chinese aviation enterprises and Chinese aviation agents by connecting with Chinese Computer Reservation System.
B. Foreign Computer Reservation System may provide services to representative offices and sales offices established in the destination cities in China by aviation enterprises of Switzerland which have the right to engage in business according to the bilateral aviation agreements.
C. Direct access to and use of foreign Computer Reservation System by Chinese aviation enterprises and agents of aviation enterprises of Switzerland are subject to approval of the General Administration of Civil Aviation of China (CAAC).

(2) None
(3) Unbound
(4) Unbound except as indicated in horizontal commitments. (1) None

 

 

 

 

 

 

 

 

 

 

 

 

 

 
(2) None
(3) Unbound
(4) Unbound except as indicated in horizontal commitments.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
­ Ground Handling Services9 (1) Unbound*
(2) None
(3) Service suppliers of Switzerland are permitted to establish joint venture enterprises to supply ground handling services.
(4) Unbound except as indicated in horizontal commitments. (1) Unbound*
(2) None
(3) None

 

(4) Unbound except as indicated in horizontal commitments.
E. Rail Transport Services
F. Road Transport Services
­ Freight transportation by rail
(CPC 7112)
­ Freight transportation by road in trucks or cars
(CPC 7123)

(1) None
(2) None
(3) For rail transport, wholly foreign­ owned subsidiaries are permitted. For road transport, wholly foreign­ owned subsidiaries are permitted.
(4) Unbound except as indicated in horizontal commitments.

(1) None (2) None (3) None

 

(4) Unbound except as indicated in horizontal commitments.
H. Services Auxiliary to all Modes of
Transport
­ Storage and warehousing services
(CPC 742)

(1) Unbound
(2) None
(3) Wholly foreign­owned subsidiaries are permitted.
(4) Unbound except as indicated in horizontal commitments.

(1) Unbound
(2) None
(3) None

(4) Unbound except as indicated in horizontal commitments

 

 

 
9 This applies to services of ULD (Unit Load Devise) Control, Passengers and Baggage and Cargo and Mail, Ramp, Aircraft Servicing (part of Annex A of Standard Ground Handling
Agreement (SGHA) (IATA 1998 version )), excluding self­handling by designated air carriers by bilateral air services agreements (ASAs).
* Unbound due to lack of technical feasibility.

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or sub­sector Limitations on market access Limitation on national treatment Additional commitments
­ Freight forwarding agency services
(CPC 748)

­ Other (CPC 749) excluding freight inspection (1) None
(2) None
(3) Freight forwarding agencies of Switzerland which have at least three consecutive years experience are permitted to set up freight forwarding agency joint ventures in China.

Wholly foreign­owned subsidiaries are permitted.

Operation term of the joint ventures shall not exceed 20 years.

After one year operating in China, the joint venture can set up branches.

A freight forwarding agency of Switzerland may set up a second joint venture after its first joint venture has been in operation for two years.

(4) Unbound except as indicated in horizontal commitments. (1) None
(2) None
(3) None

 

 

 

 

 

 

 

 

 

 

 

 

(4) Unbound except as indicated in horizontal commitments.
ATTACHMENT 1

R ef er enc e P a per

S cop e

The following are definitions and principles on the regulatory framework for the basic telecommunications services.

Definit ions

Us er s mean service consumers and service suppliers.

 

that:

Essentia l fa c iliti es mean facilities of a public telecommunications transport network or service

(a) are exclusively or predominantly provided by a single or limited number of suppliers;
and
(b) cannot feasibly be economically or technically substituted in order to provide a service.

A ma jor supplier is a supplier which has the ability to materially affect the terms of participation (having regard to price and supply) in the relevant market for basic telecommunications services as a result of:

(a) control over essential facilities; or
(b) use of its position in the market.

1. C omp et iti ve sa f egua r ds

1.1 P r event ion of a nti ­c omp etit ive pr a ctic es in t elec ommunica ti ons

Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone or together, are a major supplier from engaging in or continuing anti­competitive practices.

1.2 S a fegua r ds

The anti­competitive practices referred to above shall include in particular:

(a) engaging in anti­competitive cross­subsidisation;
(b) using information obtained from competitors with anti­competitive results; and
(c) not making available to other services suppliers on a timely basis technical
information about essential facilities and commercially relevant information which are necessary for them to provide services.

2. Int er c onnect ion

2.1 This section applies to linking with suppliers providing public telecommunications transport networks or services in order to allow the users of one supplier to communicate with users of another supplier and to access services provided by another supplier, where specific commitments are undertaken.

 
45

2.2 Int er c onnect ion to be ensur ed

Interconnection with a major supplier will be ensured at any technically feasible point in the network. Such interconnection is provided.

(a) under non­discriminatory terms, conditions (including technical standards and specifications) and rates and of a quality no less favourable than that provided for its own like services or for like services of non­affiliated service suppliers or for its subsidiaries or other affiliates;
(b) in a timely fashion, on terms, conditions (including technical standards and
specifications) and cost­oriented rates that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the supplier need not pay for network components or facilities that it does not require for the service to be provided; and
(c) upon request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities.

2.3 P ublic a va ila bilit y of t he pr oc edur es for int er c onnect ion negot ia ti ons

The procedures applicable for interconnection to a major supplier will be made publicly available.

2.4 Tr a nspar enc y of int er c onnect ion a rra ngements

It is ensured that a major supplier will make publicly available either its interconnection agreements or a reference interconnection offer.

2.5 Int er c onnect ion: disput e s ett lement

A service supplier requesting interconnection with a major supplier will have recourse, either:

(a) at any time; or
(b) after a reasonable period of time which has been made publicly known

to an independent domestic body, which may be a regulatory body as referred to in paragraph 5 below, to resolve disputes regarding appropriate terms, conditions and rates for interconnection within a reasonable period of time, to the extent that these have not been established previously.

3. Univer sa l ser vic e

China has the right to define the kind of universal service obligation it wishes to maintain. Such obligations will not be regarded as anti­competitive per se, provided they are administered in a transparent, non­discriminatory and competitively neutral manner and are not more burdensome than necessary for the kind of universal service defined by China.

4. P ublic a va ila bilit y of lic ens ing cr it er ia

Where a licence is required, the following will be made publicly available:

(a) all the licensing criteria and the period of time normally required to reach a decision concerning an application for a licence; and
(b) the terms and conditions of individual licences.

The reasons for the denial of a licence will be made known to the applicant upon request.

5. Indep endent r egu la tor s

The regulatory body is separate from, and not accountable to, any supplier of basic telecommunications services. The decisions of and the procedures used by regulators shall be impartial with respect to all market participants.

6. Alloca ti on a nd us e of sca r ce r es our c es

Any procedures for the allocation and use of scarce resources, including frequencies, numbers and rights of way, will be carried out in an objective, timely, transparent and non­discriminatory manner. The current state of allocated frequency bands will be made publicly available, but detailed identification of frequencies allocated for specific government uses is not required.
WORLD TRADE S/GBT/W/2/Rev.1
16 January 1997
ORGANIZATION
(97­0173)

Group on Basic Telecommunications

 
Note by the C ha ir ma n

R evision

It has been suggested by a number of delegations that it might be helpful to produce a brief and simple note on assumptions applicable to the scheduling of commitments in basic telecoms. The purpose of the attached note is to assist delegations in ensuring the transparency of their commitments and to promote a better understanding of the meaning of commitments. This note is not intended to have or acquire any binding legal status.

 

NOT ES FOR SCHEDULING BAS IC TELECOM SERVIC ES C OMMITMENTS
1. Unless otherwise noted in the sector column, any basic telecom service listed in the sector column:

(a) encompasses local, long distance and international services for public and non­public use;

(b) may be provided on a facilities­basis or by resale; and

(c) may be provided through any means of technology (e.g., cable10, wireless, satellites).

2. Subsector (g) ­­private leased circuit services ­­ involves the ability of service suppliers to sell or lease any type of network capacity for the supply of services listed in any other basic telecom service subsector unless otherwise noted in the sector column. This would include capacity via cable, satellite and wireless network.

3. In view of points 1 and 2 above, it should not be necessary to list cellular or mobile services as a separate subsector. However, a number of Members have done so, and a number of offers have commitments only in these subsectors. Therefore, in order to avoid extensive changes in schedules, it would seem appropriate for Members to maintain separate entries for these subsectors.

 

 

 

 

10 Including all types of cable.
WORLD TRADE S/GBT/W/3
3 February 1997
ORGANIZATION
(97­0415)

 

Group on Basic Telecommunications

Original: English

 

 
C HAIR MAN’S NOT E

Mar ket Access Limitations on S pectrum Ava ila bility
Many Members have entries in the market access column of their schedules indicating that commitments are “subject to availability of spectrum/frequency” or similar wording. In light of the physical nature of spectrum and the constraints inherent in its use, it is understandable that Members may have sought to rely on these words to adequately protect legitimate spectrum management policies. There is, however, doubt that words such as “subject to availability of spectrum/frequency” as listed in the market access column of many Members’ schedules achieve that objective.

Spectrum/frequency management is not, per se, a measure which needs to be listed under Article XVI. Furthermore under the GATS each Member has the right to exercise spectrum/frequency management, which may affect the number of service suppliers, provided that this is done in accordance with Article VI and other relevant provisions of the GATS. This includes the ability to allocate frequency bands taking into account existing and future needs. Also, Members which have made additional commitment in line with the Reference Paper on regulatory principles are bound by its paragraph 6.

Therefore, words such as “subject to availability of spectrum/frequency” are unnecessary and should be deleted from Members’ schedules.

ATTACHMENT 2

Dist r ibuti on S er vic es

Distribution trade services are comprised of four main sub­sectors:

commission agents services;
wholesaling;
retailing; and
franchising.

The principal services rendered in each subsector can be characterised as reselling merchandise, accompanied by a variety of related subordinated services, including inventory management; assembly, sorting and grading of bulk lots; breaking bulk lots and redistributing into smaller lots; delivery services; refrigeration, storage, warehousing and garage services; sales promotion, marketing and advertising, installation and after sales services including maintenance and repair and training services. Distribution services are generally covered by CPC 61, 62, 63 and 8929.

Commission Agents’ Services consist of sales on a fee or contract basis by an agent, broker or auctioneer or other wholesalers of goods/merchandise and related subordinated services.

Wholesaling consist of the sale of goods/merchandise to retailers to industrial, commercial, institutional, or other professional business users, or to other wholesalers and related subordinated services.

Retailing services consist of the sale of goods/merchandise for personal or household consumption either from a fixed location (e.g., store, kiosk, etc.) or away from a fixed location and related subordinated services.

Franchising services consist of the sale of the use of a product, trade name or particular business format system in exchange for fees or royalties. Product and trade name franchising involves the use of a trade name in exchange for fees or royalties and may include an obligation for exclusive sale of trade name products. Business format franchising involves the use of an entire business concept in exchange for fees and royalties, and may include the use of a trade name, business plan, and training materials and related subordinated services.
ATTACHMENT 3

Insur a nc e: D ef init ion of “ Ma st er P olic y”

Master policy is the policy that provides blanket coverage for the same legal person’s property and liabilities located in different places. Master policy may only be issued by the business department of an insurer’s head office or that of its authorised province­level branch offices. Other branches are not allowed to issue Master policy.

Master policy business with the state key construction projects as its subject­matter insured. If investors on the state key construction projects (i.e., projects that are so listed and annually announced by the National Development and Reform Commission) meet either of the following requirements, they may purchase Master policy from insurers that are located in the same place as the investors’ legal persons do.

The investment on the subject­matter insured is all from China (including the reinvestment from the foreign­invested enterprises in China), and the sum of investment of the investor accounts for over 15 percent of the total investment.

The investment is partially from abroad, and partially from China (including the reinvestment from the Foreign­invested enterprises in China), and the sum of investment of the Chinese investor accounts for over 15 percent for the total domestic investment.

For those projects that draw investment all from abroad, every insurer may provide coverage in the form of Master policies.

Master policy covering different subjects­matter insured of the same legal person. For those subjects­matter insured located in different places and owned by the same legal person (excluding financial, railway, and post and telecommunications industries and enterprises), Master policy may be issued on the basis of either of the following conditions.

For the sake of payment of premium tax, insurance companies incorporated where the legal person or accounting unit of the insurance applicant is located are allowed to issue Master policy.

If over 50 percent of insurance amount of the subject­matter insured is from a larger or medium sized city, then insurers in that city are allowed to issue Master policy, no matter whether the insurance applicant’s legal person or accounting unit is located in the city.

Motor insurance, credit insurance, employer liabilities insurance, statutory insurance, and other insurance business excluded by the CIRC cannot be underwritten or co­insured by insurers located other than where the subject­insured are located, or covered under a Master policy.

APP E NDIX 2 T O ANNEX VII

SWITZERLAND – SCHEDULE OF SPECIFIC COMMITMENTS

 

Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments

­ The level of commitments in a particular services sector shall not supersede the level of commitments undertaken with respect to any other services sector to which such service is an input for the particular service or to which it is otherwise related.
­ CPC numbers indicated in parenthesis are references to the UN Provisional Central Product Classification (Statistical Papers, Series M, n° 77, Provisional Central
Product Classification, Department of International Economics and Social Affairs, Statistical Office of the United Nations, New York, 1991).
­ Unless otherwise provided for, requirements of residency, domicile, commercial presence, etc. in a commitment relate to the territory of Switzerland.
­ Attachments I, II and III to this schedule form an integral part thereof.

PART I. HORIZONTAL COMMITMENTS

This Part sets out those commitments that apply to trade in services in all scheduled services sectors unless otherwise specified. Those commitments that apply to trade in specific services sectors are listed in Part II.
ALL SECTORS
INCLUDED IN THIS SCHEDULE 1) None

2) None 1) None except unbound for subsidies, tax
incentives and tax credits
2) None except unbound for subsidies, tax incentives and tax credits
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
3) None 3) None except for the following:

I. Com posi t i on of gover n ing boa r ds
­ for a “joint­stock company” (société anonyme/ Aktiengesellschaft) or a “stock company with unlimited partners” (société en commandite
par actions/ Kommanditaktiengesellschaft): the majority of the board of directors must be domiciled in Switzerland. However, this domicile requirement may be set below this limit;
­ for a “limited liability company” (société à responsabilité limitée/ Gesellschaft mit beschränkter Haftung): at least one manager must be domiciled in Switzerland;
­ for a “co­operative society” (société
coopérative/ Genossenschaft): the majority of the administrators must be domiciled in Switzerland.

II. Shar eh ol der s’ cir cl es
“Joint­stock companies” are not prohibited to foresee in their articles of incorporation that
the company may reject persons as acquirers of registered shares, as far and as long as their recognition by the company might prevent the company from providing proof of the composition of the shareholders’ circle
required by federal law.

III. Br an chin g
For a branch a representative (natural person) who is duly authorised by the company to fully represent it must be domiciled in Switzerland.
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
IV. Comm er cia l pr esen ce wi th out jur i di ca l
per son al it y
The establishment of a commercial presence by natural persons or in the form of an enterprise without juridical personality according to Swiss law (i.e. in a form other than “joint­stock company”, “limited liability company” or “co­operative society”) is subject to the requirement of a permanent residency permit of the associate(s) by cantonal law.

V. E l igi bi li t y for subsi di es
Eligibility for subsidies, tax incentives and tax credits may be limited to persons established in a particular geographical subdivision of Switzerland.

VI. Acqui si t i on of r eal esta t e
The acquisition of real estate by foreigners who are not permanently established in Switzerland and by enterprises with headquarters abroad or under foreign control is subject to authorisation. However, no authorisation is required for:

(a) the acquisition of premises for professional use and business activities;
(b) the acquisition of main residences for the
purpose of personal housing needs by foreigners who are domiciled in Switzerland.

For the acquisition of holiday residences and secondary residences for the purpose of personal housing needs, authorisation is granted upon verification of the purpose.
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
Prohibited are purely financial investments and
trade in apartments, with the following exceptions:

(a) foreigners can invest without authorisation in financial participations (i.e. shares) in juridical persons that own and trade housing properties, provided such participations are quoted in a stock exchange in Switzerland;
(b) foreign and foreign­controlled banks and insurance companies are granted authorisation to acquire property that serves as a security for mortgage loans in case of bankruptcy or liquidation;
(c) foreign and foreign­controlled insurance companies are granted authorisation to invest in real estate, provided the total value of the buyer’s property does not exceed the technical reserves required for the company’s activities in Switzerland.
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
4) Unbound except for measures concerning the
entry and temporary stay of natural persons of China (hereafter “persons”) falling within the categories defined in paragraphs A, B, C and D below, and subject to the limitations and
conditions set out under the national treatment column and to the condition that entry and
stay of service suppliers of China in Switzerland are subject to authorisation (requirement of residency permit and work permit). Any limitations scheduled in Part II shall apply.

For essential personnel as defined in paragraph A below, the period of stay is limited to a period of three years, which may be extended to a maximum of five years. For other essential personnel as defined in paragraphs B, C and D below, the period of stay is limited to 90 days within one year; if an authorisation for such a period of stay is renewed the following year, the applicant must stay abroad at least two months between the two consecutive periods of stay in Switzerland. 4) Unbound except for measures concerning the
categories of natural persons referred to in the market access column, subject to the following limitations and conditions:

(a) working conditions prevailing in the branch and the place of activity provided by law and/or collective agreement (with respect to remuneration, working hours, etc.);
(b) measures limiting professional and geographical mobility within Switzerland;
(c) regulations related to statutory systems of social security and public retirement plans (with respect to qualifying period, residency requirement, etc.); and
(d) all other provisions of the legislation relating
to immigration, entry, stay and work.

The enterprise employing such persons shall cooperate, upon request, with the authorities in charge of the enforcement of these measures.

Eligibility for subsidies, tax incentives and tax credits may be limited to persons domiciled in a particular geographical subdivision of Switzerland.
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
Persons staying in or entering Switzerland
with an open­ended or extendable residence permit based on an employment contract not limited in time for Switzerland are not considered as persons residing in or entering Switzerland for the purpose of temporary stay or temporary employment in Switzerland

A. INTRA­CORPORATE TRANSFEREES (ICT)

Essential persons transferred to Switzerland within a specific business or company of China and defined under (a) and (b) below who are employees of that business or company (hereafter “enterprise”) supplying services in Switzerland through a branch, subsidiary or affiliate established in Switzerland and who have been beforehand employees of their enterprise located in China for a period of not less than one year immediately preceding their application for admission.

(a) Executives and senior managers:
Persons who primarily direct the enterprise or one of its departments and who receive only general supervision or direction from high­ level executives, the board of directors or the stockholders of the enterprise. Executives and senior managers would not directly perform tasks related to the actual supply of services of the enterprise.
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
(b) Specialists:
Highly qualified persons who, within an enterprise, are essential for the supply of a specific service by reason of their knowledge at an advanced level of expertise in the field
of services, research equipment, techniques or management of the enterprise.

B. BUSINESS VISITORS (BV) AND SERVICES SALESPERSONS (SS)

(a) Business visitors responsible for establishing a commercial presence (BV):
Persons who are employees of an enterprise not having commercial presence in Switzerland and who have been beforehand employees of that enterprise located in China for a period of not less than one year immediately preceding their application for admission, and who fulfil the conditions of paragraph A.(a) above, and who are entering Switzerland for the purpose of establishing a commercial presence of that enterprise in Switzerland. Persons responsible for establishing a commercial presence may not sell services directly to the general public or supply services themselves.
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
(b) Services salespersons (SS):
Persons employed or mandated by an enterprise and who stay temporarily in Switzerland in order to conclude the contract for the sale of a service on behalf of the enterprise which employs them or has mandated them. Services salespersons may not sell services directly to the general public or supply services themselves.
C. CONTRACTUAL SERVICE SUPPLIERS
(CSS)

Persons who are employees of an enterprise (juridical person) located in China not having commercial presence in Switzerland (and other than enterprises supplying services as defined by CPC 872), which has concluded a services contract with an enterprise engaged in substantive business in Switzerland, and who have been beforehand employees of the enterprise located in China for a time period of not less than one year immediately
preceding their application for admission, who have three years of related experience, and
who fulfil the conditions of paragraph A.(b) above and who supply a service in Switzerland as a professional in a service sector as set out below on behalf of the enterprise located in China.
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
Per contract, temporary entry for a limited
number of service suppliers will be granted for a single period of three months, the number of service suppliers depending on the size of the task to be performed under the contract. Individual service suppliers not employed by such enterprise located in China are considered as persons seeking access to the Swiss employment market.
Services sectors:
­ Architectural services (CPC 8671)
­ Engineering services (CPC 8672)
­ Integrated engineering services (CPC 8673)
­ Urban planning services (CPC 86741)
­ Consultancy services related to the installation of computer hardware (CPC 841)
­ Software implementation services (CPC 842)
­ Management consulting services (CPC 865)
­ Technical testing and analysis services (CPC
8676)
­ Translation and interpretation services from or into a national language of China (part of CPC
87905)
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments

D. OTHER

Installers and maintainers (IM):
Qualified specialists who are employees of an enterprise located in China not having commercial presence in Switzerland, supplying installation or maintenance services for machinery or industrial equipment. The supply of that service has to occur on a fee or contractual basis (installation/maintenance contract) between the builder of the
machinery or equipment and the owner of that machinery or equipment, both of them being enterprises (excluding any supply of services in connection with enterprises mentioned by CPC 872).
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments

PART II. SECTOR­SPECIFIC COMMITMENTS
1. BUSINESS SERVICES

A. Pr ofes si on a l Ser vi ces (a) Legal services
­ International commercial arbitration services
(part of CPC 861)
­ Legal advisory services
(part of CPC 861)

 

 

 

 
­ Mediation and extra­ judicial conciliation services
(part of CPC 861)

 

 
1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None

4) Unbound except as indicated in Part I

 

 

 

1) None
2) None
3) None
4) Unbound except as indicated in Part I

 

 
1) None
2) None
3) None
4) Unbound except as indicated in Part I

1), 2), 3) All cantons except Ticino: None;
Ticino: None except that legal advisory services on Swiss fiscal law is restricted to “fiduciario commercialista” (commercial fiduciary)
4) All cantons except Ticino: Unbound except as indicated in Part I;
Ticino: Unbound except as indicated in Part I; legal advisory services on Swiss fiscal law is restricted to “fiduciario commercialista” (commercial fiduciary)

1) None
2) None
3) None
4) Unbound except as indicated in Part I
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
­ Patent attorney services,
including trademarks
(part of CPC 861)

 

 

 

 

(b) Accounting, auditing and bookkeeping services

­ Accounting and bookkeeping services (CPC 862 except 86211)
­ Auditing services,
excluding auditing of banks
(part of CPC 86211) 1) None
2) None
3) None

 

 
4) Unbound except as indicated in Part I

 

 
1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None

 

 

 

2) None
3) None
4) Unbound except as indicated in Part I 1), 2), 3) None except that to act as a patent attorney
(“conseil en brevets”, “Patentanwalt”, “consulente in brevetti”) a permanent postal address in Switzerland is required, as well as one year of professional experience made in Switzerland under the supervision of a patent attorney admitted by the Swiss Federal Institute of Intellectual Property (IGE/IPI)
4) Unbound except as indicated in Part I and with the limitations under 1), 2), 3) above

 

 

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None except that at least one auditor of a “joint­ stock company” (société anonyme/ Aktiengesellschaft) or a “stock company with unlimited partners” (société en commandite par actions/ Kommanditaktiengesellschaft) must have his domicile, his principal office, or a registered branch in Switzerland
2) None
3) None
4) Unbound except as indicated in Part I; at least one auditor of a “joint­stock company” or a “stock company with unlimited partners” must have his domicile, his principal office, or a registered branch in Switzerland
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
(c) Taxation services
(CPC 863)

 

(d) Architectural services
(CPC 8671)

 

(e) Engineering services
(CPC 8672)

 

 

 

 

 

 
(f) Integrated engineering services
(CPC 8673)
(g) Urban planning and landscape architectural services
(CPC 8674) 1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None

 

2) None
3) None

 

4) Unbound except as indicated in Part I

 

 

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I 1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None except that for survey activities for official public purposes,1 a Swiss licence is necessary, which is delivered to qualified surveyors after passing an exam
2) None
3) None except that for survey activities for
official public purposes, a Swiss licence is necessary, which is delivered to qualified surveyors after passing an exam
4) Unbound except as indicated in Part I; for survey activities for official public purposes, a Swiss licence is necessary, which is delivered to qualified surveyors after passing an exam

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I
1 “Survey activities for official public purposes” means cadastral activities and related activities.
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
(h) Medical and dental services
(CPC 9312)

 

 
(i) Veterinary services
(CPC 932)

 

 
B. Com put er and Rel a t ed
Ser vi ces

(a) Consultancy services related to the installation of computer hardware
(CPC 841)

(b) Software implementation services
(CPC 842)
(c) Data processing services
(CPC 843)

 

(d) Data base services
(CPC 844) 1) None
2) None
3) Unbound

4) Unbound
1) None
2) None
3) Unbound

4) Unbound

 

 
1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I 1) None
2) None
3) None except that Swiss nationality is necessary to practise independently
4) Unbound except as indicated in Part I; Swiss
nationality necessary to practise independently

1) None
2) None
3) None except that Swiss nationality is necessary to practise independently
4) Unbound except as indicated in Part I; Swiss nationality necessary to practise independently

 

 

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
(e) Other

­ Maintenance and repair services of office machinery and equipment including computers
(CPC 845)

­ Data preparation services
(CPC 8491)

 

­ Training services for staff of clients; Web­site design services; Conception and operation services for cyber­protection systems (excluding national defense systems)
(part of CPC 8499)

1) None
2) None
3) None
4) Unbound except as indicated in Part I
1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I
1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
C. Res ea r ch and Devel opm en t
Ser vi ces

Excluding projects financed in whole or in part by
public funds

(a) R&D services on natural sciences
(part of CPC 851)
(b) R&D services on social sciences
(part of CPC 852)
(c) Interdisciplinary R&D
services
(part of CPC 853)

 

 

 

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

 

 

 

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
D. Rea l E sta t e Ser vi ces

(a) Involving own or leased property

­ Involving own or leased property located on the territory of China
(part of CPC 821)
(b) On a fee or contract basis
(CPC 822)

 

 

1) None
2) None
3) None
4) Unbound except as indicated in Part I
1) None
2) None
3) None
4) Unbound except as indicated in Part I

 

 

1) None
2) None
3) None
4) Unbound except as indicated in Part I
1) None
2) None
3) None
4) Unbound except as indicated in Part I
E. Ren t a l/ Lea sin g Ser vi ces
wi t h out Opera t or s

(a) Relating to ships

­ For maritime transport
(part of CPC 83103)

 

 

1) Unbound
2) None
3) None except that in order to sail under Swiss flag, vessels must be 100 per cent owned and controlled by Swiss nationals, 3/4 of which having residency in Switzerland

4) Unbound except as indicated in Part I

 

 

1) Unbound
2) None
3) None except that board of directors and management of companies owning ships sailing under Swiss flag must be composed of Swiss nationals, the majority of which having residency in Switzerland
4) Unbound except as indicated in Part I
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
­ For internal waterway
transport on the Rhine
(part of CPC 83103) 1) Unbound
2) None
3) None except that in order to sail under Swiss flag, vessels must be owned by a company which is substantially influenced (at least 66 per cent of capital and vote) by persons domiciled in Switzerland or in a country according to the Mannheim Convention and the protocols related to it
4) Unbound except as indicated in Part I 1) Unbound
2) None
3) None except that traffic rights including cabotage are limited on the basis of the Mannheim Convention and the protocols related to it; owner of vessels must have an appropriate managing agency in Switzerland
4) Unbound except as indicated in Part I; traffic rights including cabotage are limited on the basis of the Mannheim Convention and the protocols related to it
(b) Relating to aircraft

­ Relating to aircraft, excluding rental/leasing to companies flying on regular schedule or on charter
(part of CPC 83104)

(c) Relating to other transport equipment
(CPC 83101 + 83102 +
83105)

(d) Relating to other machinery and equipment
(CPC 83106­83109)

1) None
2) None
3) None
4) Unbound except as indicated in Part I
1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I
1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
(e) Other

­ Leasing or rental services concerning personal and household goods, excluding goods embodying any type of sexual or violent content (part of CPC 832)

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
F. Oth er Busi n ess Ser vi ces

(a) Advertising services

­ Advertising services, excluding advertising for goods subject to import authorisation and excluding pharmaceutical products, alcoholic beverages,
tobacco products, toxics, explosives, weapons and ammunition
(part of CPC 8711 + part of
8712)

­ Outdoor advertising services, excluding advertising for goods subject to import
authorisation and excluding pharmaceutical products, alcoholic beverages,
tobacco products, toxics, explosives, weapons and ammunition
(part of CPC 8719)

(b) Market research and public opinion polling services (CPC 864)

 
1) None
2) None
3) None
4) Unbound except as indicated in Part I

 

 

 

 

1) Unbound due to lack of technical feasibility
2) None
3) None except that outdoor advertising services on the public ground are permitted only when contracted out by cantons and municipalities through long term exclusive supplier’s contracts
4) Unbound except as indicated in Part I

 

 

1) None
2) None
3) None
4) Unbound except as indicated in Part I

 
1) None
2) None
3) None
4) Unbound except as indicated in Part I

 

 

 

 

1) Unbound due to lack of technical feasibility
2) None
3) None

 

 

4) Unbound except as indicated in Part I

 

 

1) None
2) None
3) None
4) Unbound except as indicated in Part I
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
(c) Management consulting
services
(CPC 865) 1) None
2) None
3) None
4) Unbound except as indicated in Part I 1) None
2) None
3) None
4) Unbound except as indicated in Part I
(d) Services related to
management consulting
(CPC 866)
(e) Technical testing and analysis services (CPC 8676)
(f) Services incidental to agriculture, hunting and forestry

­ Consulting services on agriculture, hunting and forestry
(part of CPC 881)

(g) Services incidental to fishing
(CPC 882) 1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

 

 
1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I 1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

 

 
1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
(h) Services incidental to
mining

­ Services incidental to mining, excluding prospection, surveying, exploration and exploitation
(part of CPC 883 + part of
5115)

(i) Services incidental to manufacturing
(CPC 884 + 885 except
88442)

(m) Related scientific and technical consulting services
(CPC 8675)

(n) Maintenance and repair of equipment (not including maritime vessels, aircraft or other transport equipment) (CPC 633 + 8861­8866)
1) None
2) None
3) None
4) Unbound except as indicated in Part I

 

 

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I; commercial presence in Switzerland required for group CPC 633
1) None
2) None
3) None
4) Unbound except as indicated in Part I

 

 

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I; commercial presence in Switzerland required for group CPC 633
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
(o) Building cleaning services

­ Building cleaning services
(CPC 874 except 87409)

 

 

(p) Photographic services
(CPC 875)

 

(q) Packaging services
(CPC 876)

 

 

(r) Printing, publishing
(CPC 88442)

 

(s) Convention services
(part of CPC 87909)

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I;
commercial presence in Switzerland required

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I;
commercial presence in Switzerland required

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I;
commercial presence in Switzerland required

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I;
commercial presence in Switzerland required

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
(t) Other

­ Telephone answering services
(CPC 87903)
­ Duplication services
(CPC 87904)

 

­ Translation and interpretation services (CPC 87905)

 

 

 

 

 

 

 
­ Mailing list compilation and mailing services (CPC 87906)

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None

 

 
4) Unbound except as indicated in Part I

 

 

 

 

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1), 2), 3) All cantons except Zürich and Genève: None;
Zürich: None except requirement of residency in the canton for translation for official purposes;
Genève: None except unbound for translation for official purposes.

4) All cantons except Zürich and Genève: Unbound except as indicated in Part I;
Zürich: Unbound except as indicated in Part I and requirement of residency in the canton for translation for official purposes;
Genève: Unbound except as indicated in Part I and unbound for translation for official purposes.

1) None
2) None
3) None
4) Unbound except as indicated in Part I
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
­ Specialty design services
(CPC 87907)

 

­ Other business services n.e.c.:
­ Agency services on behalf of individual performers2
(part of CPC 87909)

­ Design services for ergonomy of working place
(part of CPC 87909)

­ Other business consulting services n.e.c.
(part of CPC 87909) 1) None
2) None
3) None
4) Unbound except as indicated in Part I

 

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I 1) None
2) None
3) None
4) Unbound except as indicated in Part I

 

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

 

 

 

 

 

 

 

2 These are services of the type mentioned under “Exclusions” under CPC 96114 and relate to agents for individual performers as well as sportsmen, but they shall not cover any activities of the types described under group CPC 872.
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
2. COMMUNICATION
SERVICES

A./B. Post a l/ Cour i er Ser vi ces

­ Express delivery services3
(part of CPC 7511 + part of
7512)
C. T el ecom m uni ca ti on s
Ser vi ces

 

 

1) None
2) None
3) None
4) Unbound except as indicated in Part I

 

 

1) None
2) None
3) None
4) Unbound except as indicated in Part I

For the purposes of the commitments below, telecommunications services are the transport of electro­magnetic signals – sound, data, image and combinations thereof –
excluding broadcasting.4
Ba si c T el ecom m uni ca ti on s
Ser vi ces

(a) Voice telephone services
(CPC 7521)
1) None
2) None
3) None
4) Unbound except as indicated in Part I
1) None
2) None
3) None
4) Unbound except as indicated in Part I
Switzerland undertakes additional commitments on basic telecommunications services as contained in Attachment I of this Schedule.

 

 
3 Express delivery services are taken as “letter deliveries” which are delivered at five times the price applied by Swiss Post (La Poste Suisse/ Die Schweizerische Post) to the delivery of a priority letter of first level of weight and format and as “parcel deliveries” which are delivered at double the basic tariff applied by Swiss Post to the delivery of a parcel of first level of weight.
4 Broadcasting is defined as the uninterrupted chain of transmission required for the distribution of TV and radio programme signals to the general public, but does not cover contribution links between operators.
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
(b) Packet­switched data
transmission
(part of CPC 7523) 1) None
2) None
3) None
4) Unbound except as indicated in Part I 1) None
2) None
3) None
4) Unbound except as indicated in Part I
(c) Circuit­switched data transmission
(part of CPC 7523)
(d) Telex services
(part of CPC 7523)

 

(e) Telegraph services
(CPC 7522)

 

(f) Facsimile services
(part of CPC 7521 + 7529)

 
(g) Private leased circuit services
(part of CPC 7522 + 7523) 1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I 1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
Enh an ced/ Va l ue­ added
T el ecom m uni ca ti on s
Ser vi ces

(h) Electronic mail
(part of CPC 7523)

 

(i) Voice mail
(part of CPC 7523)

 

(j) On­line information and data base retrieval
(part of CPC 7523)
(k) Electronic data interchange
(EDI)
(part of CPC 7523)
(l) Enhanced/value­added facsimile service, incl. store and forward, store and retrieve
(part of CPC 7523)

(m) Code and protocol conversion

 
1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I
1) None
2) None
3) None
4) Unbound except as indicated in Part I

 
1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I
1) None
2) None
3) None
4) Unbound except as indicated in Part I
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
(n) On­line information and/or
data processing (incl. transaction processing) (part of CPC 843)

(o) Other

­ Videotext

 

 

­ Enhanced/value added services, based on licensed wireless networks including enhanced/value added paging services 1) None
2) None
3) None
4) Unbound except as indicated in Part I

 

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I 1) None
2) None
3) None
4) Unbound except as indicated in Part I

 

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
3. CONSTRUCTION AND
RELATED ENGINEERING SERVICES

A. Gen era l Con str uct i on Wor k
for Bui l din gs
(CPC 512)
B. Gen era l Con str uct i on Wor k
for Ci vi l En gin eer ing

­ Construction work for civil engineering
(CPC 5131­5137)
C. In st a ll at i on an d Assem bl y
Wor k
(CPC 514 + 516)

 

 

 

D. Bui l din g Com pl eti on an d
Fi ni sh ing Wor k
(CPC 517)

 

 

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I

 

 

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I

1) Unbound due to lack of technical feasibility
2) None
3) None

 

 

4) Unbound except as indicated in Part I

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I

 

 

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I

 

 

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I

1) Unbound due to lack of technical feasibility
2) None
3) None except unbound for gas, water and electricity meters, gas pipelines, electricity and main water lines, which are reserved exclusively to cantons or municipalities or to specific operators
4) Unbound except as indicated in Part I

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
E. Oth er

­ Pre­erection work at construction sites (CPC 511)
­ Special trade construction work
(CPC 515)
­ Renting services related to equipment for construction or demolition of buildings or civil engineering works, with operator
(CPC 518)

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I

1) Unbound
2) None
3) None
4) Unbound except as indicated in Part I

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I

1) Unbound
2) None
3) None
4) Unbound except as indicated in Part I
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
4. DISTRIBUTION
SERVICES

A. Com m i ssi on Agen t s’
Ser vi ces

­ Commission agents’ services, excluding services related to goods subject to import authorisation, to pharmaceutical products, toxics, explosives, weapons and ammunition, and precious metals
(part of CPC 621)

B. Wh ol esa l e Tra de Ser vi ces

­ Wholesale trade services, excluding services related to goods subject to import authorisation, to pharmaceutical products,
toxics, explosives, weapons and ammunition, and precious metals
(part of CPC 622)

 

 
1) None
2) None
3) None
4) Unbound except as indicated in Part I

 

 

 

 

1) None
2) None
3) None except for large­scale distribution facilities, which are subject to authorisation procedures at cantonal and/or municipal level that may lead to the rejection of the authorisation; no economic needs tests or other market access restrictions applicable
4) Unbound except as indicated in Part I

 

 
1) None
2) None
3) None
4) Unbound except as indicated in Part I

 

 

 

 

1) None
2) None
3) None

 

 
4) Unbound except as indicated in Part I
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
C. Ret a i l in g Ser vi ces

­ Retailing services, excluding services related to goods subject to import authorisation, to pharmaceutical products,
toxics, explosives, weapons and ammunition, and precious metals; and excluding retailing through mobile sales unit
(part of CPC 631 + part of
632 + CPC 6111 + 6113 +
6121)5

D. Fr an chi sin g
(CPC 8929)

1) None
2) None
3) None except for large­scale distribution
facilities, which are subject to authorisation procedures at cantonal and/or municipal level that may lead to the rejection of the authorisation; no economic needs tests or other market access restrictions applicable
4) Unbound except as indicated in Part I;
commercial presence in Switzerland required

 

 

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None

 

 
4) Unbound except as indicated in Part I;
commercial presence in Switzerland required

 

 

1) None
2) None
3) None
4) Unbound except as indicated in Part I

 

 

 

 

 

 

 

 

5 This subsector includes wholesale distribution services related to motor vehicles and parts thereof contained in CPC 6111 + 6113 + 6121.
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
5. EDUCATIONAL
SERVICES

Private education services

A. Com pul sor y E duca t i on
Ser vi ces (pr im ar y &
sec on dar y I)
(part of CPC 921 + part of
922)

B. Non ­ Com pul sor y
Sec on dar y E duca ti on
Ser vi ces (se con dar y II) (part of CPC 922)

C. Hi gh er Educa ti on Ser vi ces (part of CPC 923)

 

D. Adul t E duca t i on Ser vi ces (part of CPC 924)

 

E. Oth er E duca t i on Ser vi ces

in the fields of:
­ National languages of
China
­ Cooking
(part of CPC 929)

 

 

1) Unbound
2) Unbound
3) None
4) Unbound
1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

 

1) None
2) None
3) None
4) Unbound except as indicated in Part I

 

 

1) Unbound
2) Unbound
3) None
4) Unbound
1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

 

1) None
2) None
3) None
4) Unbound except as indicated in Part I
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
6. ENVIRONMENTAL
SERVICES

Excluding public utilities whether owned and operated by municipalities, cantons or federal government or contracted out by them

A. Se wa ge Ser vi ces (part of CPC 9401)

 

B. Re fus e Di sposa l Ser vi ces (part of CPC 9402)

 

 

C. San i ta ti on an d Sim il ar
Ser vi ces
(part of CPC 9403)

 

 

 

 
1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I;
commercial presence in Switzerland required

1) None
2) None
3) None
4) Unbound except as indicated in Part I

 

 

 

 
1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I;
commercial presence in Switzerland required

1) None
2) None
3) None
4) Unbound except as indicated in Part I
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
D. Oth er

­ Cleaning services of exhaust gases
(part of CPC 9404)
­ Noise abatement services
(part of CPC 9405)
­ Nature and landscape protection services (part of CPC 9406)
­ Other environmental and ancillary services, excluding mandatory environmental impact assessment and services associated with toxins or radioactivity
(part of CPC 9409)

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
7. FINANCIAL SERVICES

Commitments on financial services (insurance, banking and other financial services) are in accordance with the “Understanding on Commitments in Financial Services” prepared under the GATS (hereafter “Understanding”) and subject to limitations and conditions as contained in Part I (horizontal commitments) and as listed below. The commitments in this sector shall not impose any obligation to allow non­resident financial service suppliers to solicit business.
In suran ce and In suran ce­
r ela t ed Ser vi ces Monopoly rights as indicated in paragraph B.1
of the “Understanding”: a public monopoly on fire and natural damage insurance on
buildings exists in the following cantons: Zürich, Bern, Luzern, Nidwalden, Glarus, Zug, Fribourg, Solothurn, Basel­Stadt, Basel­
Landschaft, Schaffhausen, Aargau, St. Gallen, Graubünden, Appenzell Ausserrhoden, Thurgau, Vaud, Neuchâtel, Jura. In the
cantons of Nidwalden and Vaud, the public monopoly on fire and natural damage insurance covers also movable property located in the buildings.
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments

3) Representative offices cannot conduct business or act as an agent;
for insurance companies incorporated in Switzerland, the legal form of a “joint­stock company” (société anonyme/ Aktiengesellschaft) or a “co­operative
society” (société cooperative/ Genossenschaft)
is required;
for branches of foreign insurance companies, the legal form of the insurance company in the head office country must be comparable to a Swiss “joint­stock company” or to a Swiss “co­operative society”;
participation in the basic health insurance scheme requires health insurance suppliers to be organised in one of the following forms of legal entities: “association” (association/ Verein), “co­operative society”, “foundation” (fondation/ Stiftung) or “joint­stock company”;
participation in the statutory pension funds scheme (prévoyance professionnelle/ Berufsvorsorge) requires pension funds to be organised in the form of a “co­operative society” or a “foundation”
4) Unbound except as indicated in Part I 2) None
3) A minimum of three years of experience in the direct insurance business in the head office country is required

 

 

 

 

 

 

 

 

 

 

 

 

4) Unbound except as indicated in Part I
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
Ba n king an d Oth er
Fi nan cia l Ser vi ces (excluding insurance) Monopoly rights as indicated in paragraph B.1
of the “Understanding”: two mortgage bonds issuance institutes have been granted an exclusive right for the issuance of specific mortgage bonds (lettre de gage/ Pfandbrief); with regard to the first institute only Swiss cantonal banks are accepted as members; in the case of the second institute banks with head office in Switzerland whose national mortgage loan business amounts to at least 60 per cent of the balance sheet can be members; the issue of other mortgage­backed bonds is not affected by this regulation.

1)6 Foreign investment funds can only be marketed or distributed through a licensed representative agent resident in Switzerland
3) Commercial presence may be denied to financial service suppliers whose ultimate shareholders and/or beneficial owners are persons of a non­party;
representative offices can neither conclude or deal business nor act as an agent
4) Unbound except as indicated in Part I

 

 

 

 

 

 

 

1) The issue of foreign collective investment funds is subject to stamp duty
2) None
3) Commercial presence of foreign financial service suppliers is subject to specific requirements relating to the name of the firm and the regulations on financial institutions in the country of origin

4) Unbound except as indicated in Part I

 

 

 

 

 

 

6 Not only transactions indicated in paragraph B.3 of the “Understanding” but the whole range of banking and other financial services transactions are covered (excluding insurance).
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
9. TOURISM AND TRAVEL
RELATED SERVICES

A. Hot el s a nd Rest a uran t s (including catering) (CPC 641­643)

 

 

B. Tr a vel Agen ci es an d T our
Oper at or s Ser vi ces (CPC 7471)
C. T our i st Gui des Ser vi ces (CPC 7472)
1) Unbound due to lack of technical feasibility, except none for catering (CPC 6423)
2) None
3) None
4) Unbound except as indicated in Part I;
commercial presence in Switzerland required

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I
1) Unbound due to lack of technical feasibility, except none for catering (CPC 6423)
2) None
3) None
4) Unbound except as indicated in Part I;
commercial presence in Switzerland required

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
10. RECREATIONAL,
CULTURAL AND SPORTING SERVICES (other than audiovisual)

B. Ne ws Agen c y Ser vi ces (CPC 962)

 

D. Spor t in g an d Oth er
Re cr ea t i on al Ser vi ces

­ Sporting services
(CPC 9641)

 

 

1) None
2) None
3) None
4) Unbound except as indicated in Part I

 

 

1) None
2) None
3) None
4) Unbound except as indicated in Part I

 

 

1) None
2) None
3) None
4) Unbound except as indicated in Part I

 

 

1) None
2) None
3) None
4) Unbound except as indicated in Part I
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
11. TRANSPORT SERVICES

A. Mar i ti m e Tran sport
Ser vi ces

(a/b) Passenger and freight transportation
(CPC 7211 + 7212)

 

 

1) Unbound due to lack of technical feasibility
2) None
3) None except that the financing of a vessel under Swiss flag by foreign funds shall in no way endanger the influence of Swiss interests on the shipping company and on the operation of the vessel.

 

 

1) Unbound due to lack of technical feasibility
2) None
3) None except that
­ the following forms of legal entities as listed hereafter can own/or operate a vessel under Swiss flag under the following conditions (vessel owner and/or shipping company):
(a) the head office and real centre of activities must be located in Switzerland;
(b) at least two thirds of the shares’ voting power representing at least the majority of the share­capital of a “joint­stock company” (société anonyme/ Aktiengesellschaft) or a “stock company with unlimited partners” (société en commandite par actions/ Kommanditaktiengesellschaft) must be owned by Swiss nationals domiciled in Switzerland and/or by substantially Swiss­owned and effectively Swiss­controlled enterprises with registered office in Switzerland;
(c) the whole share­capital of the “joint­stock company” or of the “stock company with unlimited partners” must be issued in the form of registered shares;
Services at sea ports: unbound due to lack of technical feasibility
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
(d) at least three quarters of the associates or
other partners who account for at least three quarters of the capital of a “general partnership” (société en nom collectif/Kollektivgesellschaft), a “limited partnership” (société en commandite/ Kommanditgesellschaft) or a “limited liability company” (société à responsabilité limitée/ Gesellschaft mit beschränkter Haftung) must be Swiss nationals domiciled in Switzerland and/or substantially Swiss­owned and effectively Swiss­controlled enterprises with registered office in Switzerland;
(e) at least two thirds of the members who account for at least two thirds of the capital of a “co­operative society” (société coopérative/ Genossenschaft) must be Swiss nationals domiciled in Switzerland and/or substantially Swiss­owned and effectively Swiss­controlled enterprises with registered office in
Switzerland;
­ to own and/or operate a vessel under Swiss flag:
(a) for all forms of legal entities mentioned above:
(i) the majority of the members of the board of directors and of the management must be domiciled in Switzerland;
(ii) if the board of directors or the management
is constituted by one single person, this person must be a Swiss national domiciled in Switzerland;
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
(d) Maintenance and repair services of seagoing vessels (part of CPC 8868)

 

 

 

 

 

 

 

 

 

 

 

 

 
4) Unbound except as indicated in Part I;
unbound for vessels’ crews

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I (iii) the Swiss Maritime Navigation Office may
require other executives and/or senior managers of the enterprise to be Swiss nationals
domiciled in Switzerland if necessary to ensure the substantially Swiss­owned and effectively Swiss­controlled character of the enterprise;
(b) for sole proprietorship (Entreprise individuelle/ Einzelfirma) the proprietor must be a Swiss national domiciled in Switzerland; (c) at least two thirds of the members of the board of directors and of the management of a “joint­stock company”, of a “stock company with unlimited partners”, of a “limited liability company” or of a “co­operative society” must be Swiss nationals;
(d) statutory auditing reports must be drawn up
by auditing companies with registered office in Switzerland or having a branch which is registered in the commercial register in Switzerland.
­ eligibility for public guarantee of loans for the financing of seagoing vessels reserved to
vessels sailing under Swiss flag.

4) Unbound except as indicated in Part I;
unbound for vessels’ crews;
unbound for eligibility for subsidies

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
MARITIME AUXILIARY
SERVICES

­ Maritime cargo­handling services (as defined in Attachment II ­ definition n° 1)
(part of CPC 741)

­ Storage and warehouse services
(part of CPC 742)
­ Customs clearance services
(as defined in Attachment
II ­ definition n° 2) (part of CPC 748)

­ Container station and depot services (as defined in Attachment II ­ definition
n° 3)
(part of CPC 742)

­ Maritime agency services (as defined in Attachment II ­ definition n° 4)
(part of CPC 748 + 749)

­ Maritime freight forwarding services (as defined in Attachment II ­ definition n° 5)
(part of CPC 748 + 749)
1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I
1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I
1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I
1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I
1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I
1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
B. Int erna l Wat er wa ys
Tr an spor t s

Internal waterway transport on the Rhine

(a) Passenger transportation
(part of CPC 7221)

 

 

 

 

 

 
(b) Freight transportation
(part of CPC 7222)

 

 
1) Unbound
2) None
3) None except that in order to sail under Swiss flag, vessels must be owned by a company which is substantially influenced (at least 66 per cent of capital and vote) by persons domiciled in Switzerland or in a country according to the Mannheim Convention and the protocols related to it
4) Unbound except as indicated in Part I

 

 

1) Unbound
2) None
3) None except that in order to sail under Swiss flag, vessels must be owned by a company which is substantially influenced (at least 66 per cent of capital and vote) by persons domiciled in Switzerland or in a country according to the Mannheim Convention and the protocols related to it
4) Unbound except as indicated in Part I

 

 
1) Unbound
2) None
3) None except that traffic rights including cabotage are limited on the basis of the Mannheim Convention and the protocols related to it; owner of vessels must have an appropriate managing agency in Switzerland
4) Unbound except as indicated in Part I; traffic rights including cabotage are limited on the basis of the Mannheim Convention and the protocols related to it

1) Unbound
2) None
3) None except that traffic rights including cabotage are limited on the basis of the Mannheim Convention and the protocols related to it; owner of vessels must have an appropriate managing agency in Switzerland
4) Unbound except as indicated in Part I; traffic rights including cabotage are limited on the basis of the Mannheim Convention and the protocols related to it
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
(c) Rental of vessels with crew
(part of CPC 7223)

 

 

 

 

 

 
(d) Maintenance and repair of vessels
(part of CPC 8868)
(e) Pushing and towing services
(part of CPC 7224)
(f) Supporting services for internal waterway transport (part of CPC 745) 1) Unbound
2) None
3) None except that in order to sail under Swiss flag, vessels must be owned by a company which is substantially influenced (at least 66 per cent of capital and vote) by persons domiciled in Switzerland or in a country according to the Mannheim Convention and the protocols related to it
4) Unbound except as indicated in Part I

 

 

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I 1) Unbound
2) None
3) None except that traffic rights including cabotage are limited on the basis of the Mannheim Convention and the protocols related to it; owner of vessels must have an appropriate managing agency in Switzerland
4) Unbound except as indicated in Part I; traffic rights including cabotage are limited on the basis of the Mannheim Convention and the protocols related to it

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
C. Ai r Tr an spor t Ser vi ces
­ Aircraft maintenance and repair services
(part of CPC 8868)
­ Selling and marketing of air transport services

 

 

 
­ Computer reservation system (CRS) services

 

 

 
­ Ground­handling services7
(part of CPC 7461)
1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I
1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I
1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None except unbound for distribution through CRS of air transport services provided by CRS parent carrier
2) None
3) None except unbound for distribution through CRS of air transport services provided by CRS parent carrier
4) Unbound except as indicated in Part I

1) None except unbound for distribution through CRS of air transport services provided by CRS parent carrier
2) None
3) None except unbound for distribution through CRS of air transport services provided by CRS parent carrier
4) Unbound except as indicated in Part I
1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I

 

 
7 This subsector includes ground administration, passenger handling, ramp handling, aircraft services, fuel and oil handling, flight operations and crew administration, surface transport.
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
­ Airport management services8
(part of CPC 7461)
D. Spa ce Tr an spor t
(CPC 733)
E. Ra i l Tr an spor t Ser vi ces (a) Passenger transportation
(CPC 7111)

 

 

 

 

(b) Freight transportation
(CPC 7112) 1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) Unbound due to lack of technical feasibility
2) None
3) Unbound
4) Unbound

 

1) Unbound
2) None
3) None except that concession is required, for granting of concession there has to be a need for such a railways undertaking and there is no other means of transport which could handle that service in an ecologically and economically more reasonable way
4) Unbound except as indicated in Part I

1) Unbound
2) None
3) None except that concession is required, for granting of concession there has to be a need for such a railways undertaking and there is no other means of transport which could handle that service in an ecologically and economically more reasonable way
4) Unbound except as indicated in Part I 1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) Unbound due to lack of technical feasibility
2) None
3) Unbound
4) Unbound

 

1) Unbound
2) None
3) None

 

 
4) Unbound except as indicated in Part I

1) Unbound
2) None
3) None

 

 
4) Unbound except as indicated in Part I

 

 

8 This subsector includes airport infrastructure and operation services.
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
(c) Pushing and towing
services
(CPC 7113)

 

 

 
(d) Maintenance and repair of rail transport equipment (part of CPC 8868)
F. Roa d Tran sport Ser vi ces (a) Passenger transportation
­ regular, “closed­door” tours only
(part of CPC 7121)
­ occasional, excluding cabotage and taxi services (part of CPC 7122)
(b) Freight transportation, excluding cabotage (part of CPC 7123) 1) Unbound
2) None
3) None except that concession is required, for granting of concession there has to be a need for such a railways undertaking and there is no other means of transport which could handle that service in an ecologically and economically more reasonable way
4) Unbound except as indicated in Part I

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I

 

 
1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) Unbound
2) None
3) None
4) Unbound except as indicated in Part I 1) Unbound
2) None
3) None

 

 
4) Unbound except as indicated in Part I

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I

 

 
1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) Unbound
2) None
3) None
4) Unbound except as indicated in Part I
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
(c) Rental of commercial
vehicles with operator
(CPC 7124)
(d) Maintenance and repair of road transport equipment (CPC 6112 + 8867)
(e) Other supporting services for road transport
(CPC 7449)
H. Ser vi ces Auxi l i ar y t o Al l
Modes of Tr an spor t

(a) Cargo­handling services
(CPC 741)

 

(b) Storage and warehouse services
(CPC 742)
(c) Freight transport agency services
(CPC 748) 1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

 

 

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I 1) None
2) None
3) None
4) Unbound except as indicated in Part I

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I

 

 

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I

1) Unbound due to lack of technical feasibility
2) None
3) None
4) Unbound except as indicated in Part I

1) None
2) None
3) None
4) Unbound except as indicated in Part I
Modes of supply: (1) Cross­border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons
Sector or Subsector
Limitations on Market Access
Limitations on National Treatment
Additional Commitments
(d) Other auxiliary transport
services
(part of CPC 749) 1) None
2) None
3) None
4) Unbound except as indicated in Part I 1) None
2) None
3) None
4) Unbound except as indicated in Part I
ATTACH MENT I

ADDITIONAL COMMITMENTS ON BASIC TELECOMMUNICATIONS SERVICES
Scope

The following are definitions and principles on the regulatory framework for the basic telecommunications services.

Definitions

Us er s mean service consumers and service suppliers.

Essentia l fa c ilit ies mean facilities of a public telecommunications transport network or service that

(a) are exclusively or predominantly provided by a single or limited number of suppliers; and

(b) cannot feasibly be economically or technically substituted in order to provide a service.

A ma jor supplier is a supplier which has the ability to materially affect the terms of participation (having regard to price and supply) in the relevant market for basic telecommunications services as a result of:

(a) control over essential facilities; or

(b) use of its position in the market.

1. Competitive safeguards

1.1 P r event ion of a nti ­c omp et it ive pr a ctices in t elec ommu nica ti ons

Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone or together, are a major supplier from engaging in or continuing anti­competitive practices.

1.2. S a fegua r ds

The anti­competitive practices referred to above shall include in particular: (a) engaging in anti­competitive cross­subsidisation;
(b) using information obtained from competitors with anti­competitive results; and

(c) not making available to other services suppliers on a timely basis technical information about essential facilities and commercially relevant information which are necessary for them to provide services.

2. Interconnection

2.1. This section applies to linking with suppliers providing public telecommunications transport networks or services in order to allow the users of one supplier to communicate with users of another supplier and to access services provided by another supplier, where specific commitments are undertaken.

Interconnection with a major supplier will be ensured at any technically feasible point in the network. Such interconnection is provided

(a) under non­discriminatory terms, conditions (including technical standards and specifications) and rates and of a quality no less favourable than that provided for its own like services or for like services of non­affiliated service suppliers or for its subsidiaries or other affiliates;

(b) in a timely fashion, on terms, conditions (including technical standards and specifications) and cost­oriented rates that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the supplier need not pay for network components or facilities that it does not require for the service to be provided; and

(c) upon request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities.

2.3. P ublic a va ila bilit y of the pr oc edur es f or int er c onnect ion negot ia ti ons

The procedures applicable for interconnection to a major supplier will be made publicly available.

2.4. Tr a nspar enc y of int er c onnect ion a r ra ngements

It is ensured that any supplier with a dominant position will make publicly available either its interconnection agreements or a reference interconnection offer.

2.5. Int er c onnect ion: disput e s ett lement

A service supplier requesting interconnection with a major supplier will have recourse, either: (a) at any time or
(b) after a reasonable period of time which has been made publicly known

to an independent domestic body, which may be a regulatory body as referred to in paragraph 5 below, to resolve disputes regarding appropriate terms, conditions and rates for interconnection within a reasonable period of time, to the extent that these have not been established previously.

3. Universal service

Switzerland has the right to define the kind of universal service obligation it wishes to maintain. Such obligations will not be regarded as anti­competitive per se, provided they are administered in a transparent, non­ discriminatory and competitively neutral manner and are not more burdensome than necessary for the kind of universal service defined by Switzerland.

4. Public availability of licensing criteria

Where a licence is required, the following will be made publicly available:

(a) all the licensing criteria and the period of time normally required to reach a decision concerning an application for a licence and

(b) the terms and conditions of individual licences.

The reasons for the denial of a licence will be made known to the applicant upon request.

The regulatory body is separate from, and not accountable to, any supplier of basic telecommunications services. The decisions of and the procedures used by regulators shall be impartial with respect to all market participants.

6. Allocation and use of scarce resources

Any procedures for the allocation and use of scarce resources, including frequencies, numbers and rights of way, will be carried out in an objective, timely, transparent and non­discriminatory manner. The current state of allocated frequency bands will be made publicly available, but detailed identification of frequencies allocated for specific government uses is not required.

 
ATTACH MENT II

DEFINITIONS TO THIS SCHEDULE
(MARITIME AUXILIARY SERVICES)

 

1. “Maritime cargo­handling services” means activities exercised by stevedore companies, including terminal operators, but not including the direct activities of dockers when this workforce is organised independently of the stevedoring or terminal operator companies. The activities covered include the organisation and supervision of the loading/discharging of cargo to/from a vessel, the lashing/unlashing of cargo, the reception/delivery and safekeeping of cargoes before shipment or after discharge.

2. “Customs clearance services” means activities consisting in carrying out on behalf of another party customs formalities concerning import, export or through­transport of cargoes, whether such services are the main activity of the service supplier or a usual complement of its main activity.

3. “Container station and depot services” means activities consisting in storing containers, whether in port areas or inland, with a view to their stuffing/stripping, repairing and making them available for shipments.

4. “Maritime agency services” means activities consisting in representing as an agent, within a given geographic area, the business interests of one or more shipping lines or shipping companies for the following purposes:

(a) marketing and sales of maritime transport and related services, from quotation to invoicing, and issuance of bills of lading on behalf of the companies, acquisition and resale of the necessary related services, preparation of documentation, and provision of business information;
(b) acting on behalf of the companies organising the call of the vessel or taking over cargoes when required.

5. “Maritime freight forwarding services” means activities consisting in organising and monitoring shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information.

 

ATTACH MENT III

ENGLISH AND CHINESE TRANSLATIONS OF FORMS OF LEGAL ENTITIES IN SWITZERLAND
The list below compiles the translations into English and Chinese of forms of legal entities as, and to the extent that, they are used in this schedule: 9
“Association” / 《协会》: association, Verein, associazione

“Co­operative society” / 《合作社》: société coopérative, Genossenschaft, società cooperativa

“General partnership” / 《合伙企业》: société en nom collectif, Kollektivgesellschaft, società in nome collettivo

“Foundation” / 《基金会》: fondation, Stiftung, fondazione

“Joint­stock company” / 《股份有限公司》: société anonyme (SA), Aktiengesellschaft (AG), società anonima (SA)

“Limited liability company” / 《有限责任公司》: société à responsabilité limitée (sàrl), Gesellschaft mit beschränkter Haftung (GmbH), società a garanzia limitata (Sagl)

“Limited partnership” / 《有限合伙企业》: société en commandite, Kommanditgesellschaft, società in accomandita
“Sole proprietorship” / 《个体工商户》: enterprise individuelle, Einzelunternehmen, ditta individuale

“Stock company with unlimited partners” / 《有限合伙股份企业》: société en commandite par actions, Kommanditaktiengesellschaft, società in accomandita per azioni

 

 

 
9 These translations are unofficial.

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