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T OURISM AND TRAVEL RELATED SERVICES 125<br />

sectors of the tourism sector. Due to historical, cultural<br />

and religious connections, Bangladesh will gain<br />

immensely from the regional integration.<br />

Summary of Restrictions in the Bangladesh<br />

Tourism Sector<br />

• No commitments under Modes 1 and 2 in both the<br />

Market Access and National Treatment columns<br />

in the committed sub sector- five star hotels and<br />

lodging services<br />

• No commitments in hotels other than five star<br />

• No commitments in restaurant and catering services<br />

• No commitments in travel agencies and tour<br />

operators<br />

• No commitments in tourist guides services<br />

• Mode 4 commitments almost limited to ICTs<br />

Sri Lanka<br />

Sri Lanka undertook commitments in two of the four<br />

sub-sectors of tourism and travel related services,<br />

namely hotel and lodging services and travel agencies<br />

and tour operators services. For hotel and lodging<br />

services Modes 1 and 2 are unbound in the Market<br />

Access column. However, under Mode 3 there are no<br />

limitations other than those inscribed in the horizontal<br />

section which does not seem to cover this sub-sector<br />

for allowing foreign investment. Likewise, though there<br />

are no explicit limitations under Mode 4, this is subject<br />

to all relevant provisions of labour, immigration and<br />

customs laws. In the National Treatment column while<br />

Modes 1 and 2 are unbound for hotels and lodging<br />

services, there are no restrictions at all under Modes 3<br />

and 4. However, as market access under modes 3 and<br />

4 is highly restrictive, a liberal national treatment may<br />

not make any substantial difference.<br />

In travel agencies and tour operators services while<br />

Mode 1 has no limitations in the Market Access<br />

column, Mode 2 is unbound and the nature of commitments<br />

under Modes 3 and 4 are exactly the same as in<br />

the case of hotel and lodging services. But there is one<br />

major difference – FDI for travel agencies is allowed as<br />

per the commitments made in the horizontal section.<br />

Thus foreign investment of up to 40% of equity in a<br />

company proposing to carry on a business activity in<br />

travel agencies services will be automatically approved,<br />

whereas foreign investment in excess of 40% (and up<br />

to 100%) will be approved on a case-by-case basis.<br />

There are some other provisions in the horizontal section<br />

which may also apply to those foreign companies<br />

that invest in travel agencies services like they will be<br />

treated equally as any company owned by Sri Lankan<br />

nationals if they happen to incorporate their companies<br />

in Sri Lanka. In the case of joint venture when a partner<br />

is a public sector enterprise then while granting access<br />

preference will be given to foreign service suppliers<br />

which offer the best terms for transfer of technology.<br />

Similarly, national treatment accorded to travel agencies<br />

and tour operators services is better than that accorded<br />

to hotels and lodging services because Modes 1, 3, and<br />

4 have no limitations and only Mode 2 remains<br />

unbound.<br />

Although Sri Lanka has submitted its initial offer<br />

during the current Doha Round of negotiations, it has<br />

not yet made its offer public. However, it is learnt that<br />

Sri Lanka has further liberalised the sector and removed<br />

all Mode 3 restrictions (Taneja et al. 2004). It has also<br />

opened Mode 4 to the extent indicated in its horizontal<br />

schedule. However, it is not certain whether changes<br />

have been made in the horizontal section.<br />

In tourism and travel-related services, though the<br />

commitments allow for foreign commercial presence<br />

in hotels and tour operators services, they are subject<br />

to scheduled horizontal measures on approvals, taxes,<br />

and foreign equity caps. Overall, they are not very<br />

meaningful as the coverage of sub-sectors is limited and<br />

there are numerous horizontal measures affecting<br />

investment (Chanda 2005). Apart from making liberal<br />

commitments in the committed sub-sectors, Sri Lanka<br />

should also undertake commitments in tourist guides<br />

services as this sub-sector would be of some interest to<br />

other South Asian countries in view of geographical<br />

proximity and cultural affinity. Moreover, it should also<br />

make sectoral commitments under Mode 4. This will<br />

also be beneficial for other South Asian countries.<br />

Although Sri Lanka has made request on India seeking<br />

full commitments in both Market Access and National<br />

Treatment columns under Modes 1, 2, and 3 in hotel,<br />

restaurant and catering services, it has made similar<br />

commitments in the sub-sector.<br />

Tourism is one of Sri Lanka’s five highest foreign<br />

exchange earners after remittances, textiles, tea and<br />

gemstones. 3 Sri Lanka has made a concerted effort to<br />

draw tourists into the country by shifting its focus from<br />

Western Europe to countries in Asia (Taneja et al.<br />

2004). In line with its objectives, the Sri Lankan airlines<br />

has upgraded its infrastructure and management and<br />

expended its network to get an increasing pie of the<br />

3<br />

www.tamilnet.com/art.html?catid=13&artid=23355, last visited on 16 November 2007.

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