Tuesday, May 14, 2013

rules with WTO in the first set of international service trade

"(GATS) is a multilateral rules with WTO in the first set of international service trade, legal effect, the implementation of WTO Service Trade Council is responsible for the supervision of the GATS, WTO members without a specific modification covenants, it must apply to all the all the rules. "General agreement on trade in services" made a clear definition of international trade in services between WTO members, there are four kinds of services provided by the way: cross-border supply, consumption abroad, commercial presence, movement of natural persons.

"Cross-border" refers to the provision of services from a party to any other contracting party within the territory of the territory, the service does not constitute a personnel cross-border, across the border or boundary is the service itself, not the goods. "Consumption abroad" refers to the provision of services from a party to any other contracting party at the service consumer, example of such a typical consumer for tourism or school or doctor into service territory. "Commercial presence" refers to a contracting party service providers and service in the territory of any other contracting party through business. Including through the branch or agency set up, such as banks, to provide legal consultation or communication services. "The movement of natural persons" refers to a natural person of a party to provide services in the territory of any other Contracting Party, in general is to allow foreign nationals to provide service to enter its territory. As a country doctor, artist, Professor, engaged in individual service to another country. In accordance with the "general agreement on trade in services", the Chinese government can only in the trade between States parties "commercial presence" and "movement of natural persons" service trade tariffs.

App store online digital service transaction is "general agreement on trade in services" typical "cross-border" accession to the WTO, China may not have behavior tariffs

According to the WTO panel provides measures of "the United States influence gambling service cross-border case" the ruling of the report, "the general agreement on trade in services" "cross-border" refers to the "service from the territory of a member within the territory of any other member to provide service consumers". According to the WTO universal "technology neutrality" principle, in any way possible cross-border the providing mode should include the territory of a member from within the territory of any other member services. This means that the service provider can pass through any delivery services, including through the combination of written or e-mail, telephone, fax, Internet online form, any other ways or methods. If a member intention exclusion provide one or several ways in the cross-border mode of market access, the member should be clearly stated in the schedule of specific commitments.

Apple's App Store (App Store) business behavior, as the whole world each software development company of intermediary business and technical assistance, will developers upload software royalty in the Apple App store release, belongs to the typical "cross-border delivery". China as a member of WTO, and not in the general agreement on trade in services "" signed a specific change commitment or not applicable scope clause, not behavior service for App store digital tariffs.


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