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^{ANNEX 7A}

INDIA’S SCHEDULE OF SPECIFIC COMMITMENTS

1. ^{HORIZONTAL COMMITMENTS}

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¹ Excluding broadcasting services and measures affecting such services. Broadcasting is defined as a form of the uni-directional telecommunications intended for large

number of users having appropriate receiving facilities and carried out by means of radio or cable network. This may include sound transmission, television transmission or other types of transmission.

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^{a) Public Telephone}

Service (CPC

7521**)

i) Public Local

Telephone Service

ii) Public Long Distance Telephone Service

iii) Mobile Telephone

Service

^{Mode 1: Unbound}

Mode 2: None

Mode 3:

1. The detailed terms and conditions for providing the service will be as per license conditions
   
   1. Total foreign equity must not exceed

49% in a company registered in India under the Companies Act 1956 and such investment will be governed by Foreign Exchange Management Act

(FEMA)

1. Resale of Public Telephone Services is not permitted. However, licensees can grant franchises on commission basis for providing public call offices

(PCOs) service.

Mode 4: Unbound except as indicated in the horizontal commitments

^{Mode 1: Unbound}

Mode 2: None

Mode 3: None, except on the grounds of public and national interest.

Mode 4: Unbound except as indicated in the horizontal commitments

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^{(b) Packet Switched}

Data Transmission including telex Services (CPC

7523**)

^{Mode 1: Unbound}

Mode 2: None
Mode 3:

1. The detailed terms and conditions for providing the service will be as per license conditions.
   
2. Total foreign equity must not exceed

49% in a company registered in India under the Companies Act 1956 and such investment will be governed by Foreign Exchange Management Act

(FEMA).

1. Resale of Public Telephone Services is not permitted. However, licensees can grant franchises on commission basis for providing public call offices

(PCOs) service.

Mode 4: Unbound except as indicated in the horizontal commitments

^{Mode 1: Unbound}

Mode 2: None

Mode 3: None, except on the grounds of public and national interest.

Mode 4: Unbound except as indicated in the horizontal commitments

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^{2 PSTN refers to Public Telephone Service Network which is operated by licensed operators}

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1. ^{FINANCIAL SERVICES}

The commitments are scheduled based on the classification of Financial Services Sectors as provided in GATS and the GATS Annex on Financial Services. All the commitments are subject to entry requirements, domestic laws, rules and regulations, guidelines and the terms and conditions of the Reserve Bank of India, Securities and Exchange Board of India and any other competent authority in India, which are within the framework of Article 7.10 (Domestic Regulation) and paragraph 2 (Domestic Regulations) of the Annex on Financial Services.

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Reinsurance and

retrocession

5(a)(ii)

Insurance intermediation, limited to reinsurance

Ex. 5(a)(iii)

1),2) Reinsurance can be taken with

foreign reinsurers to the extent of the residual uncovered risk after obligatory or statutory placements domestically with Indian insurance companies.

1. Unbound
2. Unbound except as indicated in the horizontal section

1),2) Reinsurance of domestic risks can be placed with foreign reinsurers through overseas brokers, to the extent mentioned under reinsurance and retrocession

1. Unbound
2. Unbound
   
3. Unbound
4. Unbound except as indicated in the horizontal section
5. Unbound
6. Unbound
   

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1. ^{(i) Overseas brokers are allowed to}

have resident representatives and representative offices who can procure reinsurance business from Indian insurance companies to the extent mentioned above. They can also place reinsurance business from abroad with Indian insurance companies

(ii) Except for the business indicated above, the resident representatives and representative offices cannot

undertake any other activity in India.

(iii) All expenses of the resident representatives and representative offices have to be met by remittances from abroad and no income can be received in India from Indian residents.

1. Unbound except as indicated in the horizontal section

1. ^Unbound
   
2. Unbound except as indicated in the horizontal section
   

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^{Attachment A}

^{Definitions Related to Maritime Transport Services}

1. ^{“International Transport (Freight and Passenger)”, for the purpose of this schedule, is to mean transportation of international}

Maritime Freight and Passengers by sea going vessels from the port of loading in one country to the port of discharge in another country.

1. Cabotage: This Schedule does not include any commitments on “Cabotage” or “Maritime Transport Services” which are described as transportation of passengers or goods between any port located in India and any other port also located in India and traffic originating and terminating in the same port located in the country and further includes transportation of passengers or goods between a port located in India and installation and structures situated on the continental shelf of India.
2. Offshore Transport: for the purposes of the schedule only, “Offshore Transport” refers to shipping services involving the transportation of passengers or goods between a port located in India and any location installation or structure associated with or incidental to the exploration or exploitation of natural resources of the continental shelf of India, the seabed of the Indian coastal seas

and the subsoil of the seabed, or situated on the continental shelf of India.

1. “Other forms of Commercial Presence for the supply of International Transport Services” means ability for International

Maritime Transport Service suppliers to undertake local activities which are necessary for the supply to their customers of a partially

or fully integrated transport service, within which maritime transport constitutes a substantial element. These activities include, but are not limited to:

a. marketing and sales of maritime transport and related services through direct contact with customers, from quotation to invoicing, these services being those operated or offered by the service supplier itself or by service suppliers with which the service seller has established standing business arrangements;

b. acquisition on their own about or on behalf of their customers (and the resale to their customers) for any transport and related services, including anchorage, berth and berth services, and onward transport services by any mode, particularly road and rail, inland waterways, necessary for the supply of the integrated services;

c. the preparation of transport documents, customs documents, or other documents related to the origin and character of goods transported;

d. the provision of business information, including computerized information systems and electronic data interchange;

e. setting up of business arrangements with any locally established shipping agency and the appointment of personnel recruited locally (or, in the case of foreign personnel, subject to horizontal commitments on movement of personnel);

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1. ^{organizing any aspect of the call of the vessel or taking control over cargoes;}

g. the provision of Ships Managers’ Services.

NOTE: {In order to enforce certain standards and conditions which need to be fulfilled by shipping service suppliers, particularly those providing ship personnel and crew and also those engaged in providing ships management services, and to ensure that the owner, operator, agent or manager has:

- the capability of implementing international standards as well as IMO stipulations and recommendations;

- the necessary financial structure so that he is responsible and accountable;

- the capability of implementing, the safety; and marine pollution controls;

- fulfilled requirements of quality management and his operations are transparent;

a system of registration/ licensing of shipping service supplier is under consideration in India}

1. “Ship Managers” means persons entering India as the agents or representatives of a ship’s owner or operator for the purposes

of assessing requirements, negotiating and authorizing expenditures necessary to the maintenance and operations of a vessel as well as

the Handling of Cargo.

1. “Maritime Cargo Handling Services” means activities exercised by stevedore companies, including terminal operators, but not including the direct activities of dock workers, when this workforce is organized independently of the stevedoring or terminal operator companies. The activities covered, include the organization and supervision of:

- the loading/ discharging of cargo to/ from a ship;

- the lashing/unlashing of cargo;

- the reception/delivery and safekeeping of cargoes before shipment or after discharge.

The organization and supervision includes the arrangements for (1) engaging skilled workers (dockworkers), (2) using all necessary equipment for on board or shore use and appropriate storage space, whether by ownership, rental or otherwise, (3) the checking of parcels and markings, the weighing and measuring of cargo, and (4) the administrative duties and responsibilities related

to the services.

1. “Maritime Freight Forwarding Services” means the activity of organizing and monitoring shipments on behalf of shippers through providing such services as the arrangement of actual transport and related services, consolidation, aggregation, packing of cargo, preparation of documentation and provision of business information.
   

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1. ^{“Maritime Agency Services” means activities in representing, within a given geographic area, the business interests of-one or}

more shipping lines or shipping companies for the following purposes:

- marketing and sales of maritime transport and related activities from quotation to invoicing (cargo booking and canvassing)

- issuance of bills of lading on behalf of the companies;

- acquisition and resale of other necessary related services (settlement of disbursements and claims) preparation of documentation, and provision of business information;

- acting on behalf of the companies in organizing the call of the ship or taking control of cargoes;

- to make arrangement in order to get all necessary port services required by the foreign vessel during its stay in Indian Ports;

- to appoint a stevedoring company for cargo loading and unloading on behalf of its principal;

- to collect freight on behalf of the principal.

1. “Custom Clearance Services” (alternatively Customs House Agents/Brokers) means activities consisting of carrying out on behalf of another party customs formalities concerning import export or through transport fo cargoes irrespective of whether this is

the main or secondary activity of the services provider.

1. “Government Cargo” means cargo originating from other countries (import cargoes including crude oil), petroleum by products, coal, natural gas, raw materials for fertilizers, food-grains etc.) purchased by Indian Government Agencies/ Departments or based on loan/ credit agreements with other countries, as well as exports by Indian Government Agencies/ Departments including Government aid.
   
2. “Container Station and Depot Services” means activities consisting of storing containers, whether in port areas or inland, with

a view to their stuffing/ stripping, repairs and making them available for shipments.

1. “Maintenance and Repairs of Vessels” means services such as repairs and management of vessels, mending, fixing or overhauling of a vessel, management of crew and marine insurance, provided on behalf of a maritime passenger or cargo transport business, or vessel leasing business.
   
2. “International rental of vessels with crew or on bare-boat charter basis” means rental and/ or leasing services of all types of

sea-going vessels with crew or on bare-boat basis (whereafter the ship will be manned by Indian nationals only during the period of rental/ lease) for the purposes of international trade (like tankers, dry bulk cargo vessels, cargo and freight vessels etc).

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