ARTICLE 13
Government Procurement
Procurements by governmental agencies of services purchased for
governmental purposes and not with a view to commercial resale or with a
view to use in the supply of services for commercial sale are not covered by
this Protocol.
PART THREE TRADE
IN SERVICES
ARTICLE 14
Market Access
In those sectors and modes of supply where specific commitments are
undertaken pursuant to Article 16, in line with individual countries' levels of
development, and subject to any conditions and limitations stipulated in the
State Parties' lists of commitments1 , no State Party shall adopt or maintain:
(a)
limitations on the number of service suppliers whether in the form of
numerical quotas, monopolies, exclusive service suppliers or the
requirements of an economic needs test;
(b)
limitations on the total value of service transactions or assets in the form
of numerical quotas or the requirement of an economic needs test;
(c)
limitations on the total number of service operations or on the total
quantity of service output expressed in the terms of designated
numerical units in the form of quotas or the requirement of an economic
needs tesf;
(d)
limitations on the total number of natural persons that may be employed
in a particular service sector or that a service supplier may employ and
who are necessary for, and directly related to, the supply of a specific
service in the form of numerical quotas or a requirement of an economic
needs test;
(e)
measures which restrict or require specific types of legal entity or joint
venture through which a service supplier of any other State Party may
supply a service; and
1
If a State Party undertakes a market-access commitment in relation to the supply of a service through
the mode of supply referred to in subparagraph 2 (a) of Article 3 and if the cross-border movement of
capital is an essential part of the service itself, that State Party is thereby committed to allow such
movement of capital. If a State Party undertakes a market-access commitment in relation to the supply
of a service through the mode of supply referred to in subparagraph 2 (c) of Article 3, it is thereby
committed to allow related transfers of capital into its territory.
2
Subparagraph (c) does not cover measures of a State Party which limit inputs for the supply of
services.
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