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H IGHER EDUCATION SERVICES 141<br />

benefit from a liberal FDI regime under the GATS given<br />

the vast gap between the demand for and supply of<br />

higher education. In addition, Pakistan ought to undertake<br />

sectoral commitments for the entry of teachers/<br />

researchers and other experts under Mode 4. Pakistan<br />

offers an important market for education in South Asia.<br />

Thousands of students leave Pakistan every year for<br />

study in foreign countries and hence a huge amount of<br />

foreign exchange is spent on the import of education<br />

by Pakistan. A lot of such amount could be saved if<br />

Pakistan encourages foreign institutions to open their<br />

branches in the country. Pakistan is also a market for<br />

import of education through Mode 1. Distance education<br />

is one example in this regard. Education via internet<br />

could be many times cheaper than the conventional<br />

mode and students are free from a number of associated<br />

problems such as hostel, library, etc. Mode 4 is another<br />

window through which Pakistan could gain immensely.<br />

Summary of Restrictions in the Sector<br />

• Foreign equity cap of 60% for commercial presence<br />

• No sectoral Mode 4 commitments<br />

• No national treatment with regard to subsidies<br />

• The minimum land and endowment requirements<br />

imposed to private educational institutions to<br />

establish a campus<br />

• Multiplicity of educational systems.<br />

Nepal<br />

Like Pakistan, Nepal has also undertaken commitments<br />

in all three sub-sectors of education services – higher<br />

education (CPC 923), adult education (CPC 924), and<br />

other education (CPC 929) – for which usually<br />

commitments are sought in the sector. Nepal has not<br />

inscribed any limitations under Modes 1 and 2 in the<br />

Market Access column and under Mode 3 access is<br />

subject to incorporation in Nepal with a maximum<br />

foreign equity ceiling of 51%. However, foreign equity<br />

participation will be increased to 80% after five years<br />

from the date of accession of Nepal and since Nepal<br />

would be completing five years of its accession in April<br />

2009 the ceiling of 51% would by then become a past<br />

restriction. Unlike other modes, Mode 4 is unbound<br />

and refers to the horizontal section where there does<br />

not seem to be any commitments for education services.<br />

Therefore, this mode, at best, is closed for the movement<br />

of teachers and other related professionals who can<br />

provide education services. In the National Treatment<br />

column while there are no limitations under Modes 1<br />

and 2, under Mode 3 national treatment has been<br />

accorded to foreign education providers and Mode 4<br />

is once again unbound except as in the horizontal<br />

section where too this mode remains unbound.<br />

In the horizontal section under Mode 3 in the<br />

Market Access column there is a provision stating that<br />

the conditions of ownership, operation and juridical<br />

form and scope of activity as set out in a license or<br />

other form of approval authorising the operation and<br />

supply of services by an existing foreign service supplier<br />

will not be made more restrictive than they existed as<br />

on the date of Nepal’s accession to WTO. This is a sort<br />

of assurance to those companies that were providing<br />

services prior to Nepal’s accession and the rules and<br />

regulations applied to them owing to Nepal joining<br />

WTO will not be more restrictive. Thus the rules and<br />

regulations, in a way, will be grandfathered and the<br />

interests of the concerned companies will be protected.<br />

The Mode 4 provisions as given in the horizontal<br />

section do not specifically apply to education services<br />

because the categories of persons allowed to enter Nepal<br />

to deliver services are service sales persons, persons<br />

responsible for setting up a commercial presence and<br />

ICTs. These categories of persons are primarily meant<br />

to cater to the needs of commercial presence.<br />

Under Mode 1 in the horizontal section, national<br />

treatment has not been accorded with respect to foreign<br />

exchange provided to foreigners to pay for any crossborder<br />

services. This may be considered a substantial<br />

barrier to the transaction of educational services via<br />

this mode. Unlike Mode 1, Mode 2 is without any<br />

limitations. However, there are quite a few limitations<br />

on Mode 3. The first is that a foreign investor<br />

reinvesting earnings is required to obtain the permission<br />

of the Department of Industry. The second limitation<br />

being that all foreign investments except financial<br />

services require approval of the Department of Industry.<br />

Finally, incentives and subsidies are available only to<br />

enterprises wholly owned by Nepalese nationals. Mode<br />

4 is unbound except for measures concerning the<br />

categories of natural persons referred to in the Market<br />

Access column which incidentally do not cover<br />

education services.<br />

In the education sector the gross enrollment ratio<br />

at the tertiary was only 9.7% in 2006 implying that<br />

Nepal requires substantial amount of investment in<br />

order to provide education to a larger number of<br />

students at this level (Summary Education Profile:<br />

Nepal, World Bank). Nepal is a labour-surplus country<br />

and exports unskilled, semi-skilled and highly skilled<br />

(e.g. engineers) labour to various labour-importing<br />

countries (UNCTAD-ICC 2003). This is so despite the

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