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16 Cross-Cutting Issues and Conclusion<br />

Apart from the sector specific issues, which have been<br />

discussed in respective sectoral chapters, there are some<br />

cross-cutting issues which are relevant to many services<br />

sectors particularly construction, education, health and<br />

tourism services. Issues such as developing MRAs,<br />

issuance of visa, conducive FDI regime and uniform<br />

taxation policy are some of the cross-cutting issues<br />

which warrant more detailed discussion. While the<br />

former two issues can be addressed with a view to<br />

facilitating movement of service providers in the region,<br />

the latter ones can have very positive implications<br />

especially on commercial presence. Thus all South Asian<br />

countries are expected to address these issues if they<br />

wish to gain from trade in services.<br />

MUTUAL RECOGNITION AGREEMENTS<br />

As discussed in the previous chapters, developing MRAs<br />

is a crucial element for delivery of services particularly<br />

through Mode 4. Lack of recognition of qualifications,<br />

skills, or experience is one of the most common barriers<br />

affecting Mode 4 (Chanda 2005). It either denies<br />

market access altogether to foreign service providers<br />

or induce such suppliers to perform in a capacity that<br />

is below their level of qualifications (academic or<br />

otherwise). The mechanisms for assessment of<br />

equivalence of qualification, licensing, and other<br />

requirement related regulations with a view to<br />

improving market access have been developed under a<br />

number of regional arrangements – the prominent<br />

examples being the European Union, NAFTA, TTMRA<br />

(between Australia and New Zealand), etc. Since the<br />

area of domestic regulation is not covered by market<br />

access commitments the issue becomes all the more<br />

important. Under the GATS thus far not much progress<br />

has been made. India raised the issue of implementation<br />

of obligations under Article VII of GATS on recognition<br />

in the special sessions of CTS vide its negotiating<br />

proposal on Mode 4. 1 India rightly considers that<br />

obligations under Article VII are an area of crucial<br />

significance, especially for professional services. It has<br />

also an impact on the value of commitments for<br />

professional services because the value of such<br />

commitments is greatly affected by the manner in which<br />

such obligations carried out by members.<br />

On India’s request when the WTO secretariat<br />

compiled the notification obligations in 2003, it was<br />

found that during the past three years only two such<br />

agreements had been notified by members as required<br />

under Article VII: 4 (c). 2 The sectors to which such<br />

notifications refer are often unclear from the notifications.<br />

Moreover, as all the agreements notified so far<br />

had been post-facto notifications, adequate opportunities<br />

were not provided to other members to indicate<br />

their interest in participating in these negotiations and<br />

negotiating their accession to such agreements or negotiating<br />

comparable one with the member(s) concerned.<br />

Issues relating to recognition are also closely linked<br />

to the mandate in Article VI: 4 regarding disciplines<br />

for qualifications requirements and procedures,<br />

licensing requirements and procedures and technical<br />

standards as all such measures have a bearing on<br />

recognition (India 2003). Thus recognition is one of<br />

the core issues under the work programme of the working<br />

party on domestic regulation (WPDR). India views<br />

the progress with respect to recognition issues as one<br />

of the crucial elements for effective market access in<br />

Mode 4 especially for professional services. Lack of<br />

recognition can act as a significant barrier to providing<br />

services under Mode 4. In light of this, India suggests<br />

that the WPDR should consider the following alternative<br />

approaches for addressing the issue of recognition.<br />

These approaches can possibly be undertaken in<br />

parallel:<br />

1<br />

India’s Negotiating Proposal on Mode 4, WTO Document, S/CSS/W/12, 24 November 2000.<br />

2<br />

WTO Communication from India, Implementation of Article VII of GATS, JOB (03)/120, 24 June 2003, http:/<br />

www.commerce.gov.in/trade/international_trade_services_informal_papers_1.asp last visited on 1 November 2007.

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