"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)

t but which is of a non-Member or of a
Member to which the denying Member does not apply the WTO
Agreement;
(c) to a service supplier that is a juridical person, if it establishes that it is not a service supplier of another Member, or that it is a service supplier of a Member to which the denying Member does not apply the WTO Agreement.

Article XXVIII

Definitions

For the purpose of this Agreement:
(a) "measure" means any measure by a Member, whether in the form of a law, regulation, rule, procedure, decision, administrative action, or any other form;
(b) "supply of a service" includes the production, distribution, marketing, sale and delivery of a service;
(c) "measures by Members affecting trade in services" include measures in respect of
(i) the purchase, payment or use of a service;
(ii) the access to and use of, in connection with the
supply of a service, services which are required by those
Members to be offered to the public generally;
(iii) the presence, including commercial presence, of
persons of a Member for the supply of a service in the
territory of another Member;
(d) "commercial presence" means any type of business or professional establishment, including through
(i) the constitution, acquisition or maintenance of a
juridical person, or
(ii) the creation or maintenance of a branch or a
representative office,
within the territory of a Member for the purpose of supplying a service;
(e) "sector" of a service means,
(i) with reference to a specific commitment, one or more,
or all, subsectors of that service, as specified in a Member's
Schedule,
(ii) otherwise, the whole of that service sector,
including all of its subsectors;
(f) "service of another Member" means a service which is supplied,
(i) from or in the territory of that other Member, or in
the case of maritime transport, by a vessel registered under
the laws of that other Member, or by a person of that other
Member which supplies the service through the operation of a
vessel and / or its use in whole or in part; or
(ii) in the case of the supply of a service through
commercial presence or through the presence of natural
persons, by a service supplier of that other Member;
(g) "service supplier" means any person that supplies a service; <*>
--------------------------------
<*> Where the service is not supplied directly by a juridical person but through other forms of commercial presence such as a branch or a representative office, the service supplier (i.e. the juridical person) shall, nonetheless, through such presence be accorded the treatment provided for service suppliers under the Agreement. Such treatment shall be extended to the presence through which the service is supplied and need not be extended to any other parts of the supplier located outside the territory where the service is supplied.

(h) "monopoly supplier of a service" means any person, public or private, which in the relevant market of the territory of a Member is authorized or established formally or in effect by that Member as the sole supplier of that service;
(i) "service consumer" means any person that receives or uses a service;
(j) "person" means either a natural person or a juridical person;
(k) "natural person of another Member" means a natural person who resides in the territory of that o



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