"ГЕНЕРАЛЬНОЕ СОГЛАШЕНИЕ ПО ТОРГОВЛЕ УСЛУГАМИ" (ГАТС/GATS) [рус., англ.] (Вместе с Приложениями <ОБ ИЗЪЯТИЯХ ИЗ ОБЯЗАТЕЛЬСТВ ПО СТАТЬЕ II>, <О ПЕРЕМЕЩЕНИИ ФИЗИЧЕСКИХ ЛИЦ, ПОСТАВЛЯЮЩИХ УСЛУГИ В СООТВЕТСТВИИ С СОГЛАШЕНИЕМ>, <ПО АВИАТРАНСПОРТНЫМ УСЛУГАМ>, <ПО ФИНАНСОВЫМ УСЛУГАМ>, <О ПЕРЕГОВОРАХ ПО УСЛУГАМ МОРСКОГО ТРАНСПОРТА> и <ПО ТЕЛЕКОММУНИКАЦИЯМ>) (Заключено в г. Марракеше 15.04.1994)

m appropriate.
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<*> It is understood that the procedures under paragraph 5 shall be the same as the GATT 1994 procedures.

(c) Such consultations shall assess the balance-of-payment situation of the Member concerned and the restrictions adopted or maintained under this Article, taking into account, inter alia, such factors as:
(i) the nature and extent of the balance-of-payments and
the external financial difficulties;
(ii) the external economic and trading environment of the
consulting Member;
(iii) alternative corrective measures which may be
available.
(d) The consultations shall address the compliance of any restrictions with paragraph 2, in particular the progressive phase out of restrictions in accordance with paragraph 2(e).
(e) In such consultations, all findings of statistical and other facts presented by the International Monetary Fund relating to foreign exchange, monetary reserves and balance of payments, shall be accepted and conclusions shall be based on the assessment by the Fund of the balance-of-payments and the external financial situation of the consulting Member.
6. If a Member which is not a member of the International Monetary Fund wishes to apply the provisions of this Article, the Ministerial Conference shall establish a review procedure and any other procedures necessary.

Article XIII

Government Procurement

1. Articles II, XVI and XVII shall not apply to laws, regulations or requirements governing the procurement by governmental agencies of services purchased for governmental purposes and not with a view to commercial resale or with a view to use in supply of services for commercial sale.
2. There shall be multilateral negotiations on government procurement in services under this Agreement within two years from the date of entry into force of the WTO Agreement.

Article XIV

General Exceptions

Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on trade in services, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any Member of measures:
(a) necessary to protect public morals or to maintain public order; <*>
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<*> The public order exception may be invoked only where a genuine and sufficiently serious threat is posed to one of the fundamental interests of society.

(b) necessary to protect human, animal or plant life or health;
(c) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to:
(i) the prevention of deceptive and fraudulent practices
or to deal with the effects of a default on services
contracts;
(ii) the protection of the privacy of individuals in
relation to the processing and dissemination of personal data
and the protection of confidentiality of individual records
and accounts;
(iii) safety;
(d) inconsistent with Article XVII, provided that the difference in treatment is aimed at ensuring the equitable or effective <*> imposition or collection of direct taxes in respect of services or service suppliers of other Members;
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<*> Measures that are aimed at ensuring the equitable or effective imposition or collection of direct taxes include measures taken by a Member



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