3. (a) In the absence of an agreement between the acting member and a concerned member before the expiry of the negotiation period for negotiations, the member concerned may refer the matter to arbitration proceedings. Any member concerned who wishes to assert a right that he may have to obtain compensation must participate in the arbitration. The provision of many services often requires the simultaneous physical presence of the producer and the consumer. There are therefore many cases where, in order to be commercially reasonable, trade obligations must extend to cross-border consumer movements, the establishment of a commercial presence in a market or the temporary free movement of the service provider. 2. Within two years of the WTO agreement coming into force, multilateral negotiations on public procurement in the services sector are conducted within the framework of this agreement. 1. In areas where specific commitments are made, each member ensures that all broad-ended measures relating to trade in services are managed appropriately, objectively and impartially.
This definition defines virtually all public services as „commercial“ and already covers areas such as the police, the military, prisons, justice, public administration and government. In a relatively short period of time, this could apply to the privatization or commercialization of a large part, and perhaps to all those who are now considered public services that are currently considered social requirements for the entire population of a country, structured, marketed, under-distributed to for-profit suppliers and ultimately fully privatized and are only available to those who can pay the price. This process is currently well advanced in most countries, usually (and deliberately) without properly informing the public or consulting whether this is what they want or not. 1. Each member immediately publishes and, with the exception of emergencies, no later than the date of its entry into force, all relevant general measures concerning or affecting the application of this agreement. International agreements on trade in services, of which one member is a signatory, are also published. 7. (a) Members who are parties to an agreement covered by paragraph 1 promptly notify the Council for Trade in Services of such an agreement and any substantial extension or modification of this agreement. They also make available to the Council relevant information that may be requested. The Council may set up a working group to review such an agreement or an enlargement or amendment to this agreement and report to the Council on its coherence with this article. 3. (a) Where developing countries are parties to an agreement of the type covered by paragraph 1, flexibility is provided with respect to the conditions covered by paragraph 1, including reference to paragraph (b) of that agreement, both in the various sectors and sub-sectors as well as in the various sectors and sub-sectors.
(a) building capacity for national services, as well as their effectiveness and competitiveness, including access to technology on a commercial basis; 6. A service provider of another member, who is a legal entity incorporated under the law of a party within the meaning of a contract covered by paragraph 1, is entitled to treatment under this agreement, provided that he performs important activities on the territory of the parties to such an agreement.