1.5 General Transparency and Other “Good Governance” Obligations
Sufficient information about potentially relevant rules and regulations
is critical to the effective implementation of an Agreement.
Article III ensures that Members publish promptly all measures pertaining to or
affecting the operation of the GATS. Moreover, there is an obligation
to notify the Council for Trade in Services at least annually of all
legal or regulatory changes that significantly affect trade in sectors
where specific commitments have been made. Members are also required to
establish enquiry points which provide specific information to other
Members upon request. However, there is no requirement to disclose
confidential information (Article IIIbis).
Given strong government involvement in many service markets
— for
various reasons, including social policy objectives or the existence of
natural monopolies — the Agreement seeks to ensure that relevant
measures do not undermine general obligations, such as MFN treatment or
specific commitments in individual sectors. Thus, each Member is
required to ensure, in sectors where commitments exist, that measures of
general application are administered impartially and in a reasonable and
objective manner (Article VI:1). Service suppliers in all sectors must
be able to use national tribunals or procedures in order to challenge
administrative decisions affecting services trade (Article VI:2a).
Food for thought:
Give examples of policies that are currently in place to
support your government’s transparency commitments.
Possible reply:
Publication of relevant
laws and regulations in official journals, government gazettes etc.
Operation of information
centres. Consultations with industry,
trade and consumer associations.
