Negotiating Group on Maritime Transport Services – Communication from India – Conditional Offer on Maritime Transport Services

RESTRICTED
World Trade S/NGMTS/W/29
8 July 1996 Organization (95-2618)
Original: English
Negotiating Group on Maritime Transport Services

The following communication is being circulated at the request of India to Members of the Negotiating Group on Maritime Transport Services.

India has the honour to submit herewith it’s draft conditional offer on Maritime Transport Services.

India reserves the right to modify, reduce or withdraw this offer, in whole or in part, at any time, prior to the conclusion of the negotiations on Maritime Transport Services.

India also hereby submits the List of MFN Exemptions relating to Maritime Transport Services.

India further reserves the right to make technical changes to the offer and to correct any errors, omissions and inaccuracies.

INDIA – CONDITIONAL OFFER ON MARITIME TRANSPORT SERVICES

The commitments in Maritime Transport are made in accordance with the General Agreement on Trade in Services. All commitments are subject to domestic laws, entry requirements, rules and regulations and the terms and conditions of the Directorate General of Shipping, Reserve Bank of India and any other competent authority in India.

Modes of supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons

for the purpose of this schedule, is to mean transportation of international Maritime Freight and Passengers by sea going vessels from the port of loading in one country to the port of discharge in another country.

This Schedule does to include any commitments on “Cabotage” or “Maritime Cabotage Transport Services” which are described as transportation of passengers or goods between any port located in India and any other port also located in India and traffic originating and terminating in the same port located in the country and further includes transportation of passengers or goods between a port located in India and installation and structures situated on the continental shelf of India.

for the purposes of the schedule only, “Offshore Transport” refers to shipping services involving the transportation of passengers or goods between a port located in India and any location, installation or structure associated with or incidental to the exploration or exploitation of natural resources of the continental shelf of India, the seabed of the Indian coastal seas and the subsoil of the seabed, or situated on the continental shelf of India.

means ability for International Maritime Transport Service suppliers to undertake local activities which are necessary for the supply to their customers of a partially or fully integrated transport service, within which maritime transport constitutes a substantial element.

• marketing and sales of maritime transport and related services through direct contact with customers, from quotation to invoicing, these services being those operated or offered by the service supplier itself or by service suppliers with which the service seller has established standing business arrangements;
• acquisition on their own about or on behalf of their customers (and the resale to their customers) for any transport and related services, including anchorage, berth and berth services, and onward transport services by any mode, particularly road and rail, inland waterways, necessary for the supply of the integrated services;
• the preparation of transport documents, customs documents, or other documents related to the origin and character of goods transported;
• the provision of business information, including computerised information systems and electronic data interchange;
• the setting up of business arrangements with any locally established shipping agency and the appointment of personnel recruited locally (or, in the case of foreign personnel, subject to horizontal commitments on movement of personnel);
• organizing any aspect of the call of the vessel or taking control over cargoes;
  the provision of Ships Managers’ Services.
NOTE

{In order to enforce certain standards and conditions which need to be fulfilled by shipping service suppliers, particularly those providing ship personnel and crew and also those engaged in providing ships management services, and to ensure that the owner, operator, agent or manager has:

the capability of implementing international standards as well as IMO stipulations and recommendations;
the necessary financial structure so that he is responsible and accountable;
the capability of implementing, the safety; and marine pollution controls;
fulfilled requirements of quality management and his operations are transparent;
a system of registration/licensing of shipping service supplier is under consideration in India}

Ship Managers

means persons entering India as the agents or representatives of a ship’s owner or operator for the purposes of assessing requirements, negotiating and authorising expenditures necessary to the maintenance and operations of a vessel as well as the Handling of Cargo.

Maritime Cargo Handling Services

means activities exercised by stevedore companies, including terminal operators, but not including the direct activities of dock workers, 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 ship;
the lashing/unlashing of cargo;
the reception/delivery and safekeeping of cargoes before shipment or after discharge.
The organisation and supervision includes the arrangements for (1) engaging skilled workers (dockworkers), (2) using all necessary equipment for on board or shore use and appropriate storage space, whether by ownership, rental or otherwise, (3) the checking of parcels and markings, the weighing and measuring of cargo, and (4) the administrative duties and responsibilities related to the services.

Maritime Freight Forwarding Services

means the activity of organizing and monitoring shipments on behalf of shippers through providing such services as the arrangement of actual transport and related services, consolidation, aggregation, packing of cargo, preparation of documentation and provision of business information.
“Maritime Agency Services” means activities in representing, within a given geographic area, the business interests of one or more shipping lines or shipping companies for the following purposes:
marketing and sales of maritime transport and related activities from quotation to invoicing (cargo booking and canvassing)
issuance of bills of lading on behalf of the companies;
acquisition and resale of other necessary related services (settlement of disbursements and claims) preparation of documentation, and provision of business information;
acting on behalf of the companies in organizing the call of the ship or taking control of cargoes;
to make arrangements in order to get all necessary port services required by the foreign vessel during its stay in Indian ports;
to appoint a stevedoring company for cargo loading and unloading on behalf of its principal;
to collect freight on behalf of the principal.

Customs Clearance Services

(alternatively Customs House Agents/Brokers) means activities consisting of carrying out on behalf of another party customs formalities concerning import export or through transport of cargoes irrespective of whether this is the main or secondary activity of the service provider.

Government Cargo

means cargo originating from other countries (import cargoes including crude oil), petroleum by products, coal, natural gas, raw materials for fertilizers, food-grains, etc) purchased by Indian Government Agencies/Departments or based on loan/credit agreements with other countries, as well as exports by Indian Government Agencies/Departments including Government aid.

Station and Depot Services

“Container means activities consisting of storing containers, whether in port areas or inland, with a view to their stuffing/stripping, repairs and making them available for shipments.
“Maintenance and Repairs of Vessels” means services such as repairs and management of vessels, mending, fixing or overhauling of a vessel, management of crew and marine insurance, provided on behalf of a maritime passenger or cargo transport business, or vessel leasing business.

International rental of vessels with crew or on bare-boat charter basis

means rental and/or leasing services of all types of sea-going vessels with crew or on bare-boat basis (whereafter the ship will be manned by Indian nationals only during the period of rental/lease) for the purposes of international trade (like tankers, dry bulk cargo vessels, cargo and freight vessels, etc).