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Agreement between the Government of the Hashemite Kingdom of Jordan and the Government of the Republic of Singapore on the Establishment of a Free Trade Area |
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ANNEX 4A
JORDAN’S SCHEDULE OF SPECIFIC COMMITMENTS
Explanatory Note
The classification of service sectors in this schedule is based on the 1991
professional Central Product Classification (CPC) of the United Nations Statistical Office and WTO document MTN.GNS/W/120 dated 10 July 1991 unless otherwise indicated by the absence of a CPC number or otherwise indicated in the specific service sector . The scheduling of specific commitments follows the guidelines stated in WTO documents MTN.GNS/W/164 dated 3 September 1993 and MTN.GNS/W/164/Add.1 dated 30 November 1993.
HASHEMITE KINGDOM OF JORDAN – SCHEDULE OF SPECIFIC COMMITMENTS
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
All sectors included in this schedule
Regarding subsidies, modes 1), 2), 3) and
4) are Unbound.
Real Estate:
subject to Cabinet
authorization.
Lease of real estate by non- Jordanian firms for more than
three years is subject to Cabinet approval.
All juridical entities are
prohibited from engaging in real estate trading.
State Owned Land:
lease of state owned
lands is restricted to
Jordanian nationals.
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
concession. In sectors where service provision is granted by concession, commercial establishment must be in the form of Public Shareholding Companies.
Business visitors
A natural person who stays in Jordan without acquiring remuneration from within Jordan and without engaging in making direct sales to the general public or supplying services, for the purposes of participating in business meetings, business contacts including negotiations for the sale of services and/or other similar activities
including those to prepare for establishing a commercial presence in Jordan. Entry and stay shall be for a period of 90 days.
Intra-Corporate Transferees
Natural persons employed by a juridical entity of another member for
a period of not less than one year and who seek temporary stay in order to
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
render services to (i) the same juridical entity which is engaged in substantive business operation in Jordan or (ii) a juridical entity constituted in Jordan and engaged in substantive business operation in Jordan which is owned by or controlled by or affiliated with the aforementioned juridical entity.
Executives
Natural persons who are senior employees of a juridical entity, who are responsible for the entire or a substantial part of the entity’s
operations in Jordan, receiving general supervision or direction principally from higher level executives, the
board of directors or stock-holders of the business.
Managers
Natural persons who direct the juridical entity, or department or sub- division of the juridical entity, supervise and control the work of supervisory, professional or managerial employees, have the authority to hire and fire or recommend hiring, firing, or other
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
personnel actions and exercise discretionary authority over day-to- day operations at a senior level.
Specialists
Natural persons employed by a
juridical entity and possess knowledge at an advanced level of expertise and proprietary knowledge of a juridical entity product, service, research, equipment, techniques, or
management.
Professionals
Natural persons seeking to engage, as part of services contract granted by a juridical entity engaged in substantive business in Jordan and obtained by a juridical entity of another Member,
(other than entities providing services as defined by CPC 872) which has no commercial presence in Jordan in the activity at a professional level. The person must possess the necessary academic credentials and professional qualifications, which have been duly recognized, where appropriate by the
professional association in Jordan. The commitment relates only to the service activity which is the subject of the
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
contract.
Work permits for all categories are granted on the basis of an economic needs test, i.e. to candidates whose qualifications are not available in Jordanians or those who are seeking work in fields in which Jordanians are in short supply.
Intra-corporate transferees who are executives, managers and specialists
(as defined above) are presumed to meet the economic needs test requirements.
Temporary work and residency
permits are required. Such permits are issued for a maximum period of one year, but are renewable.
Residency
requirements:
4) Managing director of a branch or juridical entity must
be resident in Jordan.
(advisory services on foreign law only
(excluding Jordanian
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
Law) (part of CPC 861)
CPC 862)
(part of CPC862)
(CPC 863)
(CPC 8671)
(CPC 8672)
Jordanian nationals.
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
engineering firm before
implementation in Jordan.
provide services only through a contractual association with
Jordanian firms for the purpose of implementing a specific project or tender.
Architects, engineers, urban planners and landscape architects must be Jordanian nationals.
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
architects must be Jordanian nationals.
(excluding Dental services) (CPC 9312)
CPC 93191)
or in general partnership. Only one outlet per pharmacist allowed. Pharmacists must be Jordanian nationals.
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
Pharmacists must be Jordanian nationals.
installation of computer hardware (CPC
841)
(CPC 843)
(CPC 844)
Development Services
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
natural sciences (CPC
851) excluding geology related sciences
(CPC 8210)
without operators
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
(CPC 83103) d) elating to other machinery and
equipment
CPC 83106-83109)
Services
(CPC 871)
(CPC 86401)
limitation.
50% foreign equity and Jordanian limited liability companies with maximum
50% foreign equity. Director of advertising agency must be a Jordanian national.
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
(CPC 866)
(CPC 876)
Services (CPC 86402)
(CPC 8676)
(part of CPC 8812)
50% foreign equity limitation.
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
manufacturing (CPC
884 & 885)
8675) excluding prospecting, surveying, exploration,
exploitation and map making
other transport
or related services and printing and publishing services, which are subject to the same limitations under (CPC 8672) and (CPC 88442).
Geologist/geological engineers must be Jordanian nationals.
*Unbound due lack of technical feasibility
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
equipment and television and radio transmitters and apparatus for line telephony or telegraphy; and radio broadcast equipment)
(CPC 633, 8861-8866)
(excluding military portraits and aerial photography of the territory of the Hashemite Kingdom of Jordan) (CPC 875)
(CPC 87909)
(CPC 88442) 2) None
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
Jordanian natural persons or Jordanian juridical entities wholly owned by Jordanians. Director of printing and publishing house must be a Jordanian national.
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
(CPC 7512)
Services
Jordan's commitments are based on the Chairman's Note dated 16 January 1997 (S/GBT/W/2/Rev.1).
Jordan has removed its market access limitation on spectrum availability, in light of the Chairman's note S/GBT/W/3 dated 3 February 1997 on market access limitations on spectrum availability.
(CPC 7521)
(CPC 7523)
(CPC 7522)
(CPC 7521 + 7529) g) Private leased circuit services (7522+7523)
(CPC 7523)
31 December 2004, none.
December 2004. Starting no later than 31 December 2004, none.
December 2004, none.
31 December 2004, none.
Jordan undertakes the obligations contained in the reference paper attached hereto.
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
transmission services
(CPC 7523)
Value added services:
(CPC 7523).
Interchange (CPC
7523)
7523)
(including transaction processing) (CPC 843) Internet (excluding voice telephone and facsimile services)
Starting no later than
31December 2004, none.
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
Mobile voice and data services
Global Mobile Personal Communication by Satellite (GMPCS)
Paging Services (land based)
(CPC 75291)
Public pay-phone services (booth
Starting no later than 31
December 2004, none.
2004, none.
31 December 2004, none.
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
2004, none.
31December 2004, none.
9612)
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
Work for buildings
(CPC 512)
Work for Civil
Engineering (CPC 513)
Assembly Work
(CPC 514 + 516)
and Finishing Work
(CPC 517)
(CPC 511, 515, 518) excluding site preparation work for mining (CPC 5115)
exceed twice the number of qualified Jordanian engineers employed by the same firm.
If, in future, Jordan's legislation permits non- Jordanian investors to own a greater percentage of equity
*Unbound due lack of technical feasibility
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
with respect to projects or
an economic activity in this sector, such liberalization will immediately be bound in Jordan's schedule of specific commitments
(except wholesale trade of firearms and pharmaceuticals) (CPC
622)
(except retail trade of pharmaceuticals) (CPC
631, 632, 6111, 6112,
6113, 6121)
persons, Jordanian partnerships with the majority ownership by Jordanians, and Jordanian companies with a Jordanian majority on the Board of Directors.
CPC 621.
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
8923, 8929)
in the horizontal section the horizontal section.
Services (CPC 921)
Services (CPC 922)
Services (CPC 923)
Services
(CPC 924)
Services (CPC 929), specifically cultural centers
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
Jordanian national.
Services (CPC 9403)
Cleaning Services of exhaust gases (CPC
9404)
Noise abatement services (CPC 9405) Other environmental protection services n.e.c. (CPC 9409)
Water Treatment Services 1
Water Purification Waste Water Treatment Water Recycling
(1) Unbound*
(2) Unbound
(3) Access is restricted to
companies
(1) Unbound*
(2) Unbound
(3) Unbound
*Unbound due to lack of technical feasibility
1 As defined in Jordan’s national laws and regulations as of the date of signature of this Agreement.
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
Desalination
Fluid Treatment for Processed
Industries
providing services for the use of
Singaporean private sector investors within a specific project and should not
provide services to the public. Establishment and the supply of the
services
should be in compliance with domestic laws and regulations, including
fulfillment of the
requirement of environment assessment studies and subject
to an agreement with the Government of Jordan. Number of service providers may
be restricted.
(4) Unbound, except as indicated in the horizontal
section.
(4) Unbound, except as indicated in the horizontal section.
If and when applicable, the absence of any limitation on the ability of a resident consumer to purchase the service in the territory of another Member does not signify a commitment to allow a non-resident service supplier to solicit business or to conduct active marketing in the territory of the Member.
- related services
(CPC 812)
(CPC 81211) and
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
(CPC 81212) excluding pension fund management.
(CPC 8129)
81299)
(CPC 8140)
share holding companies constituted in Jordan and to branches of foreign insurance companies.
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
Agency services (CPC
81401)
Insurance consultancy
(CPC 81402 excluding pension consultancy)
Average and loss adjustment services
(CPC 81403)
Jordanians as majority in board of directors. Insurance agent or director of agent company
must be Jordanian nationals.
Actuarial services (CPC 1) None 1) None
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
Financial Services
(excluding insurance)
The establishment of a commercial presence (in mode 3 only) or the conduct of new activities is restricted to Public Shareholding companies constituted in Jordan, and to branches and subsidiaries of foreign banks, unless otherwise stated in the specific sub-sector.
Furthermore, it is noted that only Banks may undertake activities involving the acceptance of deposits and other repayable funds from the public (CPC 81115-81119 excluding CPC 81117) and extend guarantees and commitments services (CPC 81199**) and money broking
(CPC 81339**). Financial service companies as seen in sub-sector entries below may provide all other financial activities. Financial service companies are licensed to undertake Investment Trusteeship, Investment Management, Financial Consultations Financial Brokerage,
Depository, Management of Primary Issues.
(CPC 81115-81119
excluding CPC 81117)
(CPC 81339**)
have a resident regional manager.
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
financing of
commercial transaction
(CPC 8113)
8112)
(CPC 81339)
over-the-counter market or otherwise, the following:
Money market instruments (cheques, bills and certificates of deposits) (CPC
81339**)
Foreign Exchange
(CPC 81333) Derivative products
incl., but not limited to, futures and options
(CPC 81339**) Exchange rate and interest rate
a. Banks
b. Financial services companies constituted in Jordan, in the form of public
shareholding company, limited liability company or a limited partnership in shares company.
have a resident regional manager.
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
instruments, including products such as swaps and forward rate agreements (CPC
81339**)
Transferable securities
(CPC 81321) Other negotiable instruments and financial assets,
including bullion (CPC
81339**)
and provision of service related to such issues.
management, custodial, depository, trust services, and pension
a. Financial services companies constituted in Jordan, in the form of public
shareholding company, limited liability company or a limited
providers abroad, and for management by service suppliers outside Jordan of assets which are not traded on Amman Financial Market or otherwise traded in Jordan.
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
fund management. partnership in shares company. b. Licensed banks through affiliated companies or
separate accounts.
a. Financial services companies constituted in Jordan, in the form of a public
shareholding company, limited liability company or a limited partnership in shares company. b. Banks
*Unbound due to lack of technical feasibility
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
and strategy 4) Unbound, except as indicated in the horizontal section.
of financial information as related to financial data processing and related software by providers of other financial services
& SOCIAL SERVICES
(other than those listed under 1.A.)
(CPC 9311)
(CPC 933). Specifically, these are nursing homes, convalescent homes, rehabilitation centers
Services, specifically
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
medical labs
(CPC 93199)
Services, excluding casinos
(CPC 6411 & 6412)
Meal serving services with full restaurant services (excluding transport facilities)
(CPC 6421)
Meal serving services
in self-serving facilities
(cafeterias)
(CPC 6422) Beverage serving services for consumption on the premises, excluding casinos (CPC 643)
in hotels or motels.
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
Caterer services providing meals to outside (CPC 6423). Institutional Food Service caterers (with the exception of Airport and airline catering facilities which are confined only to the national air carriers)
Air catering services
(part of CPC 6423)
Tour Operator Services
(CPC 7471)
However, once exclusivity is lifted, access will be subject to
50% limitation on foreign equity and to any other limitations on legal form provided for by the Jordanian law. Number of service providers may be restricted.
provider.
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
Tourist guide services
(CPC 7472)
SERVICES (Other than audio-visual services)
Services (CPC 96191) Theatrical producer,
maximum 50 % foreign equity
. Service provider must be a specialized tourist firm. Director must be a Jordanian national.
*Unbound due lack of technical feasibility.
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
singer group, bands and orchestra entertainment services
Circus troupes
(CPC 96194)
(CPC 962) Correspondents only
Museums and Other
Cultural Services
(CPC 963) Museum services
(except for historical sites and buildings)
(CPC 96321)
Recreational Services
(CPC 964)
Health and fitness clubs: 1) Unbound*
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
Commercial presence
(in mode 3) is subject to
50% foreign equity limitation.
Services:
Transport services by
Sea –going vessels
(CPC 721)
7211)
(CPC 7212)
(1)(a) Liner Shipping: None, but all ships docking in Jordan must have a local Port Agent.
(b) Bulk, tramp, and other international shipping, including passenger
transportation: None
(2) None
(1) None
(2) None
The following services at the port are made available to international
maritime transport suppliers on reasonable and non- discriminatory terms and
conditions:
1. Pilotage (excluded)
2. Towing and tug assistance
3.
Provisioning, fuelling, and watering.
4. Garbage collecting and ballast waste
disposal.
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
5. Port Captain’s services.
Maritime Auxiliary
Services
(CPC 7213)
(3)(a) Establishment of registered company for the purpose of operating a fleet under the national flag of Jordan: None
(b) Other forms of commercial presence for the supply of international maritime transport services: None
(4) Unbound, except as indicated in horizontal section. 1/5 of crew on Jordanian ships must be Jordanian.
(3) Service fees for pilotage, berthing and docking are 10% less for Jordanian ships. Jordanian ships are exempt from any Port dues when anchoring in Jordanian territorial waters. Jordanian ships enjoy preferential treatment in prices of bunker provided at the Aqaba Port.
(4) Unbound, except as indicated in the horizontal section.
6. Navigation aids.
7. Shore-based operational
services, essential to ship operations including communications, water and
electrical supplies.
8. Emergency repair facilities.
9. Anchorage, berth
and berthing services(excluded).
Please note that Pilotage and anchorage services have
been excluded due to
the national treatment limitation as seen from commitments under the national
treatment column.
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
Storage and warehousing services
(CPC 742)
Shipping Agents Maritime Freight Forwarding Services
(CPC 748) Maritime Freight Inspection services
(CPC 749)
Food Supply Catering
(Provisioning)
(as defined in the Annex on Air Transport)
Maintenance and repair of Aircraft (part of
CPC 8868)
Royal Jordanian Airline
(National Carrier).
* A commitment on this mode of delivery is not feasible.
** Public utility concession or licensing procedures may apply in case of occupation of the public domain
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
Computer Reservation
Systems (CRS):
Sales and Marketing
Maintenance and Repair
Air Auxiliary Services
Freight forwarding services (part of CPC 748)
Packing and crating and de-packing and de- crating services (part of CPC 749)
Freight inspection services (part of CPC
Modes of supply: 1) Cross-Border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons
Sector or sub-sector Limitations on market access Limitations on national treatment Additional commitments
749) excluding pre- shipment inspection for customs valuation purposes on imports.
customs valuation purposes on imports.
regulated, access will also be granted to inspection firms in the form of Jordanian natural or juridical entities.
REFERENCE PAPER
Scope
The following are definitions and principles on the regulatory framework for the
basic telecommunications services. Definitions
Users mean service consumers and service suppliers.
Essential facilities mean facilities of a public telecommunications transport network or service that
(a) are exclusively or predominantly provided by a single or limited number
of suppliers; and
(b) cannot feasibly be economically or technically substituted in order to provide a service.
A major supplier is a supplier, which has the ability to materially affect the terms
of participation (having regard to price and supply) in the relevant market for basic telecommunications services as a result of:
(a) control over essential facilities; or
(b) use of its position in the market.
1.1 Prevention of anti-competitive practices in telecommunications
Appropriate measures shall be maintained for the purpose of preventing suppliers
who, alone or together, are a major supplier from engaging in or continuing anti- competitive practices.
1.2 Safeguards
The anti-competitive practices referred to above shall include in particular:
(a) engaging in anti-competitive cross-subsidization;
(b) using information obtained from competitors with anti-competitive results;
and
(c) not making available to other services suppliers on a timely basis technical information about essential facilities and commercially relevant information which are necessary for them to provide services.
2.1 This section applies to linking with suppliers providing public
telecommunications transport networks or services in order to allow the users of one
supplier to communicate with users of another supplier and to access services provided by another supplier, where specific commitments are undertaken.
2.2 Interconnection to be ensured
Interconnection with a major supplier will be ensured at any technically feasible
point in the network. Such interconnection is provided.
(a) under non-discriminatory terms, conditions (including technical standards and specifications) and rates and of a quality no less favourable than that provided for its own like services or for like services of non-affiliated service suppliers or for its subsidiaries or other affiliates;
(b) in a timely fashion, on terms, conditions (including technical standards and specifications) and cost-oriented rates that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the supplier need not pay for network components or facilities that it does not require for the service to be provided; and
(c) upon request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost
of construction of necessary additional facilities.
2.3 Public availability of the procedures for interconnection negotiations
The procedures applicable for interconnection to a major supplier will be made
publicly available.
2.4 Transparency of interconnection arrangements
It is ensured that a major supplier will make publicly available either its
interconnection agreements or a reference interconnection offer.
2.5 Interconnection: dispute settlement
A service supplier requesting interconnection with a major supplier will have
recourse, either:
(a) at any time or
(b) after a reasonable period of time which has been made publicly known
to an independent domestic body, which may be a regulatory body as referred to in paragraph 5 below, to resolve disputes regarding appropriate terms, conditions and rates for interconnection within a reasonable period of time, to the extent that these have not been established previously.
Any Member has the right to define the kind of universal service obligation it wishes to maintain. Such obligations will not be regarded as anti-competitive per se, provided they are administered in a transparent, non-discriminatory and competitively neutral manner and are not more burdensome than necessary for the kind of universal service defined by the Member.
Where a licence is required, the following will be made publicly available:
(a) all the licensing criteria and the period of time normally required to reach a decision concerning an application for a licence; and
(b) the terms and conditions of individual licences.
The reasons for the denial of a licence will be made known to the applicant upon request.
The regulatory body is separate from, and not accountable to, any supplier of
basic telecommunications services. The decisions of and the procedures used by regulators shall be impartial with respect to all market participants.
Any procedures for the allocation and use of scarce resources, including
frequencies, numbers and rights of way, will be carried out in an objective, timely, transparent and non-discriminatory manner. The current state of allocated frequency bands will be made publicly available, but detailed identification of frequencies allocated for specific government uses is not required.