INDIA – Schedule of Specific Commitments – Supplement 2
Indian Papers/ submissions on Services in WTO
World Trade GATS/SC/42/Suppl.2
28 July 1995 Organization (95-2220)
Trade in Services
INDIA Schedule of Specific Commitments Supplement 2
(This is authentic in English only)
This text replaces the entries relating to the Movement of Natural Persons section contained on pages 1 to 3 of document GATS/SC/42.
INDIA – SCHEDULE OF SPECIFIC COMMITMENTS
Modes of supply:
- Cross-border supply
- Consumption abroad
- Commercial presence
- Presence of natural persons
|Sector or subsector||Limitations on market access||Limitations on national treatment||Additional commitments|
|I. HORIZONTAL COMMITMENTS|
|ALL SECTORS INCLUDED IN THIS SCHEDULE||(3) In case of collaboration with public sector enterprises or government undertakings as joint venture partners, preference in access will be given to foreign service suppliers/entities which offer the best terms for transfer of technology.|
|(4) Unbound except for measures affecting the entry and temporary stay of natural persons who fall in any of the following categories:||(4) Unbound except for measures referred to under Market Access.|
|(a) Business visitors
Persons who visit India for the purposes specified in (i) and (ii) below and who will not receive remuneration from within India:
(i) for business negotiations, or
(ii) for preparatory work for establishing a commercial presence in India.
|Entry for persons in this category shall be for a period of not more than 90 days.|
|(b) Intra-corporate transferees
At the level of Managers, Executives and Specialists who have been in the employment of a juridical person of another Member for a period not less than one year prior to the date of application for entry into India and are being transferred to a branch or a representative office or a juridical person owned or controlled by the aforesaid juridical person.
Persons who direct a branch office or one or more departments as their head, or supervise or control the work of other supervisory, professional or managerial personnel and have the authority to appoint or remove the personnel and powers to exercise discretionary authority over day-to-day operations.
Persons who are in senior positions within a juridical person including a branch who primarily direct the management, have wide decision-making powers and are either members of the board of directors or receive directions from the board or the general body of shareholders.
Persons who possess high qualifications and knowledge at an advanced level relevant to the organization’s activities or of the organization’s research, equipment, techniques or management and may include persons who are members of accredited professional bodies.
|Entry for persons in the above categories shall be for a maximum period of five years.|
Natural persons to be engaged by a juridical person in India as part of a services contract for rendering professional services for which he/she possess the necessary academic credentials and professional qualifications with three years experience in the field of physical sciences, engineering or other natural sciences.
|Entry and stay in this category shall be for a maximum period of one year extendable with permission for a maximum of three months.|