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"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)
under the Agreement.
(b) Nothing in the Agreement shall be construed to require a Member to disclose information relating to the affairs and accounts of individual customers or any confidential or proprietary information in the possession of public entities.
3. Recognition
(a) A Member may recognize prudential measures of any other country in determining how the Member's measures relating to financial services shall be applied. Such recognition, which may be achieved through harmonization or otherwise, may be based upon an agreement or arrangement with the country concerned or may be accorded autonomously.
(b) A Member that is a party to such an agreement or arrangement referred to in subparagraph (a), whether future or existing, shall afford adequate opportunity for other interested Members to negotiate their accession to such agreements or arrangements, or to negotiate comparable ones with it, under circumstances in which there would be equivalent regulation, oversight, implementation of such regulation, and, if appropriate, procedures concerning the sharing of information between the parties to the agreement or arrangement. Where a Member accords recognition autonomously, it shall afford adequate opportunity for any other Member to demonstrate that such circumstances exist.
(c) Where a Member is contemplating according recognition to prudential measures of any other country, paragraph 4(b) of Article VII shall not apply.
4. Dispute Settlement
Panels for disputes on prudential issues and other financial matters shall have the necessary expertise relevant to the specific financial service under dispute.
5. Definitions
For the purposes of this Annex:
(a) A financial service is any service of a financial nature offered by a financial service supplier of a Member. Financial services include all insurance and insurance-related services, and all banking and other financial services (excluding insurance). Financial services include the following activities:
Insurance and insurance-related services
(i) Direct insurance (including co-insurance):
(A) life
(B) non-life
(ii) Reinsurance and retrocession;
(iii) Insurance intermediation, such as brokerage and
agency;
(iv) Services auxiliary to insurance, such as consultancy,
actuarial, risk assessment and claim settlement services.
Banking and other financial services (excluding insurance)
(v) Acceptance of deposits and other repayable funds from
the public;
(vi) Lending of all types, including consumer credit,
mortgage credit, factoring and financing of commercial
transaction;
(vii) Financial leasing;
(viii) All payment and money transmission services,
including credit, charge and debit cards, travellers cheques
and bankers drafts;
(ix) Guarantees and commitments;
(x) Trading for own account or for account of customers,
whether on an exchange, in an over-the-counter market or
otherwise, the following:
(A) money market instruments (including cheques,
bills, certificates of deposits);
(B) foreign exchange;
(C) derivative products including, but not limited to,
futures and options;
(D) exchange rate and interest rate instruments,
including products such as swaps, forward rate agreements;
(E) transferable securities;
(F) other negotiable instruments and financial assets,
includin
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