Introduction GATS Telecom GATS Telecom The GATS is

Introduction GATS & Telecom

GATS & Telecom “The GATS is not about deregulation. Most often, it involves re-regulation” David Hartridge, Former Director WTO Trade in Services Division

GATS & Telecom “Being in the top 20 on the ease of doing business does not mean zero regulation. . All the top countries regulate, but they do so in less costly and burdensome ways. ” Doing Business in 2005: Removing Obstacles to Growth World Bank-IFC co-publication

GATS Fundamentals Nondiscrimination Reasonable regulation GATS & Telecom Transparency Competition safeguards

Best Practice? Nondiscrimination Reasonable regulation GATS & Telecom Transparency Competition safeguards

Workshop objectives GATS & Telecom • To improve knowledge & understanding of the relevant principles & obligations • To enhance capacity to implement the obligations and commitments

What is GATS? Common to all åShort text of Articles the “Framework” å Sectoral and other Annexes GATS & Telecom Individual åSchedules of Commitments å MFN Exemptions at outset & if needed) (only

s le he du Sc GA A T rt S ic le s e Re Pa fe pe re r nc T A ele nn c ex om Relevant Provisions GATS & Telecom

GATS Articles • • GATS & Telecom Part I – scope of the agreement Part II – general obligations & disciplines Part III – defines scheduled commitments Part IV – how to negotiate, inscribe & modify commitments • Definitions

General Obligations • Apply to all Members • But two levels exist. . . – Some of the provisions apply to all measures or services – Some apply only to services committed in schedules GATS & Telecom

Schedules of Commitments GATS & Telecom • “Progressive” liberalization of markets is a key objective • Commitments differ - no one telecom Schedule is exactly like another • Many, but not all Schedules have the Reference Paper attached

Design of the Workshop GATS & Telecom Since the target audience for this training is governments who have or are considering telecom commitments. . . The materials are designed on the assumption that commitments on telecom services & the Reference Paper have been undertaken

Situating WTO GATS & Telecom • Its obligations & commitments are legally binding on governments • Establishes a minimum standard • Governments may have regulations that go beyond the WTO requirements

Situating WTO GATS & Telecom • Usually involves principles & procedure rather that detailed prescriptions • Does not dictate how to implement its obligations and commitments • Governments have the flexibility to make their own decisions on implementation

How? GATS & Telecom • Participate in guidelines & best practices work or training by ITU, regional orgs & other • Follow best practice to the extent possible • Share ideas & information with other regulators & consult with stakeholders • Last but not least. . . Ensure that your own reform plan is effectively realized so that its goals & objectives can become reality

Why Regulators? GATS & Telecom Regulators are on the “front line” You are key to ensuring telecom laws & regulations are designed & implemented in line with – Relevant general obligations of the GATS Articles & Annex on Telecom – The telecom commitments undertaken – The Reference Paper obligations

A pilot project. . . GATS & Telecom Your suggestions please. . . – Content? improvements, new topics – Format? e-training, training of trainers – Participation? policy makers, private sector, other stakeholders – Follow up? when, where, and how