6.
enhance the capacity and competitiveness of the services sectors of
State Parties.
ARTICLE 3
Scope and Coverage
1.
This Protocol shall apply to all measures by State Parties affecting trade
in services.
2.
For the purposes of this Protocol, trade in services means the supply of
a service:
3.
(a)
from the territory of a State Party into the territory of any other
State Party;
(b)
in the territory of a State Party to the service consumer of any
other State Party;
(c)
by a service supplier of a State Party, through commercial
presence in the territory of any other State Party;
(d)
by a service supplier of a State Party, through presence of natural
persons in the territory of any other State Party.
(a)
The Protocol shall not apply to the following measures
affecting air transport:
(i) traffic rights, however granted; or
(ii) services directly related to the exercise of traffic rights.
(b)
This Protocol shall apply to measures affecting:
(i)
(ii)
(iii)
aircraft repair and maintenance services;
the selling and marketing of air transport services;
computer reservation system (CRS) services.
4.
This Protocol shall apply to measures affecting trade in services taken
by central, regional or local governments and authorities as well as by
non-governmental bodies in the exercise of powers delegated by
central, regional or local governments or authorities. In fulfilling its
obligations and commitments under this Protocol each State Party shall
take such reasonable measures as may be available to it to ensure their
observance by regional and local governments and authorities and nongovernmental bodies within its territory.
5.
(a)
"Services" includes any service in any sector except services
supplied in the exercise of governmental authority.
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