 ORGANIZACIÓN MUNDIAL  
DEL COMERCIO  S/DCS/W/ZAF 
24 de enero de 2003 
 (03-0498) 
Comercio de Servicios Original:   inglés 
   
SUDÁFRICA 
 
Proyecto de Lista refundida de Compromisos Específicos
1 
 
 
 El documento adjunto contiene un proyect o de la Lista refundida de Compromisos 
Específicos de Sudáfrica, en formato Word.  Este documento no sustituye los compromisos 
jurídicamente vinculantes contraídos por Sudáfrica en su Lista de Compromisos Específicos (GATS/SC/78;  GATS/SC/78/Suppl.2;  GATS/SC/78/Suppl.3).   Adjunto al proyecto de lista refundida figura la Lista de Exenciones del Artículo II (NMF) de 
Sudáfrica (GATS/EL/78) en formato Word. 
  Los proyectos de la Lista refundida y de la Lista de Exenciones del trato NMF fueron preparados por la Secretaría, a petición de lo s Miembros, para facilitar el proceso de las 
negociaciones, incluida la presentación de ofertas iniciales.  
_______________ 
                                                     
 
1 Este documento se ha preparado, en inglés solament e, bajo la responsabilidad de la Secretaría y sin 
perjuicio de las posiciones de los Miembros ni de sus derechos ni obligaciones en el marco de la OMC.  S/DCS/W/ZAF 
Página 2 SOUTH AFRICA – SCHEDULE OF SPECIFIC COMMITMENTS 
 
Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limitations on  National Treatment Additional 
Commitments 
I. HORIZONTAL COMMITMENTS  
 ALL SECTORS 
INCLUDED IN THIS 
SCHEDULE    
  3) Local borrowing by South African registered 
companies with a non-resident  shareholding of 
25 per cent or more is limited 
  
 4) Unbound, except for the temporary presence 
for a period of up to three years, unless otherwise specified, without requiring 
compliance with an economic needs test, of 
the following categories of natural persons providing services: 
 4) Unbound, except for m easures concerning the 
categories of natural persons referred to in the market access column  
 A. Services Salespersons  - natural persons not 
based in South Africa and acquiring no 
remuneration from a source located within 
South Africa, who are engaged in activities related to representing a services provider for 
the purpose of negotiating for the sale of the 
services of that provider, without engaging in making direct sales to the general public or 
supplying services. Temporary presence for 
Services Salespersons is limited to a ninety-day period.     S/DCS/W/ZAF
 Página 3Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limitations on  National Treatment Additional 
Commitments 
 B. Intra-corporate Transferees  – natural 
persons of the following categories who have been employed by a ju ridical person that 
provides services with in South Africa through 
a branch, subsidiary, or affiliate established in South Africa and who have been in the prior 
employ of the juridical person outside South 
Africa for a period of no t less than one year 
immediately preceding the date of application 
for admission: 
   
  Executives  - natural persons within the 
organization who primarily direct the 
management of the organization or establish 
goals and policies for the organization or a major component or function of the 
organization, exercise wide latitude in 
decision-making, and receive only general 
supervision or direction from higher-level 
executives, the board of directors, or stockholders of the business. 
   
  Managers  - natural persons within an 
organization who primarily direct the 
organization, or a department or subdivision 
of the organization, supervise and control the work of other supervisory, professional or 
managerial employees, have the authority to 
hire and fire or reco mmend hiring, firing, or 
other personnel actions and exercise 
discretionary authority over day-to-day 
operations at a senior level. 
   
  Specialists  - natural persons within an 
organization who possess knowledge at an advanced level of continued expertise and 
who possess proprietary knowledge of the 
organization's product, service, research 
equipment, techniques, or management.    S/DCS/W/ZAF 
Página 4 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limitations on  National Treatment Additional 
Commitments 
  Professionals  - natural persons who are 
engaged, as part of a services contract negotiated by a juridical person of another 
Member in the activity at a professional level 
in a profession set out in Part II, provided such persons possess the necessary academic 
credentials and professional qualifications, 
which have been duly recognised, where appropriate, by the prof essional association in 
South Africa. 
   
 C. Personnel Engaged in  
 Establishment  - natural persons who  
 have been employed by a juridical  
 person for a period of longer than one   year immediately preceding the date  
 of application for admission and who  
 occupy a managerial or executive  
 position and are entering South Africa  
 for the purpose of establishing a   commercial presence on behalf of the  
 juridical person. 
   
II. SECTOR SPECIFIC COMMITMENTS 
 
1. BUSINESS SERVICES    
 
A. Professional Services  
    
(a) Legal services (advisory  
 services in foreign and  
 international law only)  (CPC 861 +) 
 1) Unbound 
2) Unbound 
3) None 4) Unbound except as indicated in the horizontal 
section 1) Unbound 
2) Unbound 
3) None 4) Unbound except as indicated in the horizontal 
section    S/DCS/W/ZAF
 Página 5Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limitations on  National Treatment Additional 
Commitments 
 Legal services (domestic 
law only) (CPC 861 +) 
 1) Unbound 
2) Unbound 3) An advocate is not allowed to form a 
partnership/company 
4) Unbound except as indicated in the horizontal 
section 
 1) Unbound 2) Unbound 3) None 
 
4) Unbound except as indicated in the horizontal 
section 
  
(b) Auditing (CPC 862 +) 
 1) Unbound 
2) Unbound 3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) Unbound 
2) Unbound 3) Citizenship requirement for accreditation 
4) Unbound except as indicated in the horizontal 
section  
(c) Taxation services 
(excluding  
 legal services) (CPC 863) 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section  
(d) Architectural services  (CPC 8671) 
 1) For building plans of 500 m
2 and over the 
services of a locally registered architect have 
to be utilised 
2) For building plans of 500 m2 and over the 
services of a locally registered architect have 
to be utilised 
3) None 4) Unbound except as indicated in the horizontal 
section 
 1) None 
 
 
2) None  
 
3) None 4) Unbound except as indicated in the horizontal 
section 
  
(e) Engineering services 
 (CPC 8672) 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section   S/DCS/W/ZAF 
Página 6 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limitations on  National Treatment Additional 
Commitments 
(f) Integrated engineering 
services  
 (CPC 8673) 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
  
(g) (i) Urban planning 
 services (CPC 8674) 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section  
 (ii) Landscape 
 architectural services 
  (CPC 8674)  1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section  
(h) Medical and dental services 
 (CPC 9312)  1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
  
(i) Veterinary services  (CPC 932)  1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
  
(j) Services provided by:  (i) Midwives and nurses    (CPC 93191) 
 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section    S/DCS/W/ZAF
 Página 7Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limitations on  National Treatment Additional 
Commitments 
 (ii) Physiotherapists and  
  paramedical personnel  1) Unbound* 
2) Unbound* 3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) Unbound* 
2) Unbound* 3) None 
4) Unbound except as indicated in the horizontal 
section 
  
B. Computer and Related 
Services  
    
(a) Consultancy services 
related to  
 he installation of computer   hardware 
 (CPC 841) 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 
  
(b) Software implementation  
 services (CPC 842) 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
  
(c) Data processing services  (CPC 843) 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
  
(d) Data base services  (CPC 844)  1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
  
(e) Maintenance and repair 
services of office machinery and equipment 
including computers 
 (CPC 8450) 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section   S/DCS/W/ZAF 
Página 8 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limitations on  National Treatment Additional 
Commitments 
D. Real Estate Services  
    
(a) Involving own or leased 
property (CPC 821) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
  
(b) On a fee or contracting 
basis  
 (CPC 822) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
  
E. Rental/Leasing Services 
without Operators  
    
(a) Relating to ships 
 (CPC 83103) 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 
  
(b) Relating to aircraft 
 (CPC 83104) 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 
  
(c) Relating to other transport  
 equipment (CPC 83101 +)  
 (CPC 83102 +)   (CPC 83105) 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section    S/DCS/W/ZAF
 Página 9Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limitations on  National Treatment Additional 
Commitments 
(d) Relating to other machinery 
and equipment 
 (CPC 83106) (CPC 83107) 
 (CPC 83108) (CPC 83109) 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
  
F. Other Business Services  
    
(b) Market research and public 
opinion polling services 
(CPC 864) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
  
(c) Management consulting 
services (CPC 865) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
  
(d) Services related to 
management consulting 
 (CPC 866)  1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 
  
(e) Technical testing and 
analysis services 
 (CPC 8676)  1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 
  
(f) Services incidental to 
agriculture, hunting and 
forestry (CPC 881) 
 1) Unbound 
2) Unbound 
3) None 4) Unbound except as indicated in the horizontal 
section 1) Unbound 
2) Unbound 
3) None 4) Unbound except as indicated in the horizontal 
section   S/DCS/W/ZAF 
Página 10 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limitations on  National Treatment Additional 
Commitments 
(g) Services incidental to 
fishing  
 (CPC 882) 
 1) Unbound 
2) Unbound 3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) Unbound 
2) Unbound 3) None 
4) Unbound except as indicated in the horizontal 
section 
  
(h) Services incidental to 
mining  
 (CPC 883)  (CPC 5115) 
 1) Unbound 
2) Unbound 
3) None 4) Unbound except as indicated in the horizontal 
section 
 1) Unbound 
2) Unbound 
3) None 4) Unbound except as indicated in the horizontal 
section 
  
(i) Services incidental to 
manufacturing  
 (CPC 884)  (CPC 885) 
 1) Unbound 
2) Unbound 
3) None 4) Unbound except as indicated in the horizontal 
section 
 1) Unbound 
2) Unbound 
3) None 4) Unbound except as indicated in the horizontal 
section 
  
(k) Placement and supply 
services of personnel 
 (CPC 872) 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
  
(l) Investigation and security 
 (CPC 873) 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
  
(m) Engineering related 
scientific  
 and technical consulting  
 services 
 (CPC 8675) 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section    S/DCS/W/ZAF
 Página 11Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limitations on  National Treatment Additional 
Commitments 
(n) Maintenance and repair of 
 equipment (CPC 633)  1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section  
(o) Building-cleaning services 
 (CPC 874) 
 1) Unbound* 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 
 1) Unbound* 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section  
(p) Photographic services 
 (CPC 875) 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 
  
(s) Convention services 
 (CPC 87909) 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
2. COMMUNICATION  
 SERVICES     
B. Courier Services  
 (CPC 7512)  1) None 
2) None 3) None 
4) Unbound except as indicated in the   
 horizontal section 1) None 
2) None 3) None 
4) Unbound except as indicated in the   
 horizontal section  
  S/DCS/W/ZAF 
Página 12 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limitations on  National Treatment Additional 
Commitments 
 Telecommunications 
 Facilities based and public-  switched 
telecommunications  
 services:  1) Only through the network of Telkom 
monopoly or subsequent duopoly on international traffic. Telkom monopoly to 
terminate not later than 31.12.2003, thereafter 
duopoly. 
2) None 1) None 
  
 
 2) None South Africa undertakes 
the attached additional commitments on 
regulatory principles.  
 
(a) Voice services, except over 
value-added network  
(b) Packet-switched data 
transmission services  
(c) Circuit-switched data 
transmission services 3) Telkom monopoly to terminate not later than 
31.12.2003; thereafter duopoly. 
 Foreign investment in suppliers permitted up 
to a cumulative maximum of 30 per cent 3) None Authorities to consider by 
31/12/2003 the feasibility 
of suppliers additional to the duopoly. 
(d) Telex services 
(f) Facsimile services  
(g) Private leased circuit 
services 4) Unbound, except as indicated in the  
 horizontal section. 
 4) Unbound, except as indicated in the 
 horizontal section. Liberalization of resale 
services to take place 
between 2000 and 2003 with authorities to define 
terms and conditions as 
well as the maximum limit 
for foreign investment 
(h) Electronic mail  
 (CPC 7523) 
(i) Voice mail (CPC 7523) 
(j) On-line information and 
data  
 base retrieval  
 (CPC 7523) (k) Electronic data interchange  
 (EDI)  
 (CPC 7523) 1),2), 
3) General limitations: 
 There are limitations on the bypass of South 
African facilities for routing of domestic and international traffic.  Telkom is currently 
acting as a de facto regulator by means of 
agreements entered into with VANS providers in South Africa. 1) None 
2) None 
3) None    S/DCS/W/ZAF
 Página 13Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limitations on  National Treatment Additional 
Commitments 
(l) Enhanced/value-added  
 facsimile services, 
including  
 store and forward, store and 
 retrieve   (CPC 7523) 
(m) Code and protocol 
conversion 
(n) On-line information and/or  
 data processing (including  
 transaction processing)   (CPC 843) 
  VANS providers can only provide 
international services with the consent of Telkom SA Ltd.  Legislation is currently 
being proposed to introduce a Regulator who 
might take over the licensing function.  No formal policy exists and applications from 
international VANS are dealt with on an 
informal ad hoc basis.  This situation may be addressed with the anticipated introduction of 
a new regulatory regime. 
4) Unbound except as indicated in the horizontal 
section 
  
  
 
  
 
  
 
4) Unbound except as indicated in the horizontal 
section 
  
(o) Other 
- Paging services - Personal radio 
communication  
 services 
- Trunked radio system 
services 1) Only through the network of Telkom 
monopoly or subsequent duopoly on international traffic. Telkom monopoly to 
terminate not later than 31.12.2003; thereafter 
duopoly. 
2) None 
3) None except that foreign investment in 
suppliers permitted up to a cumulative 
maximum of 30 per cent. 
4) Unbound, except as indicated in the horizontal 
section. 
 1) None 
  
 
 
2) None 
3) None  
 
4) Unbound, except as indicated in the horizontal 
section. 
  
- Mobile Cellular, including  
 mobile data 1) Only through the network of Telkom 
monopoly or subsequent duopoly on 
international traffic. Telkom monopoly to 
terminate not later than 31.12.2003; thereafter duopoly. 
2) None 1) None 
 
 
  
2) None Authorities to examine 
feasibility of additional 
suppliers by 31/12/1998. 
 3) Services supplied on a duopoly basis.  One 
additional mobile cellular licence will be 
granted within two years. 
 Foreign investment in suppliers permitted up 
to a cumulative maximum of 30 per cent. 3) None  
 4) Unbound, except as indicated in the horizontal 
section. 4) Unbound, except as indicated in the horizontal 
section.   S/DCS/W/ZAF 
Página 14 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limitations on  National Treatment Additional 
Commitments 
- Satellite-based services 
 1) Only through the network of Telkom 
monopoly or subsequent duopoly on international traffic. Telkom monopoly to 
terminate not later than 31.12.2003; thereafter 
duopoly. 
2) None 1) None 
  
 
 2) None Authorities to examine 
feasibility of additional  suppliers by 31/12/1998 
 3) Supplied only by Telkom monopoly until 
31.12.2003; thereafter duopoly. 
 Foreign investment in suppliers permitted up 
to a cumulative maximum of 30 per cent. 
4) Unbound, except as indicated in the horizontal 
section. 
 3) None 
 
  
4) Unbound, except as indicated in the horizontal 
section 
  
3. CONSTRUCTION AND  
 RELATED 
ENGINEERING 
 SERVICES 
    
A. General Construction Work 
for Buildings  
 (CPC 512) 
 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
  
B. General Construction Work 
for Civil Engineering  
 (CPC 513) 
 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
  
C. Installation and Assembly  
 Work (CPC 514 +) 
 (CPC 516) 
 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section    S/DCS/W/ZAF
 Página 15Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limitations on  National Treatment Additional 
Commitments 
D. Building Completion and  
 Finishing Work  
 (CPC 517) 
 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section  
4. DISTRIBUTION 
SERVICES 
    
B. Wholesale Trade Services  
 (CPC 622) 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 
  
C. Retailing Services  
 (CPC 631) (CPC 632) 
 (CPC 6111) (CPC 6113) 
 (CPC 6121) 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
 
  
D. Franchising  (CPC 8929) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 
  
6. ENVIRONMENTAL  
 SERVICES  
 (All entries in this sector 
are restricted to consultancy services only) 
   
 
A. Sewage Services  
 (CPC 9401) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section   S/DCS/W/ZAF 
Página 16 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limitations on  National Treatment Additional 
Commitments 
B. Refuse Disposal Services  
 (CPC 9402)  1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
  
C. Sanitation and Similar 
Services   
 (CPC 9403) 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 
  
D. Other  
 (Cleaning services of 
exhaust gases, noise abatement services and 
landscape protection 
services) 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 
  
7. FINANCIAL SERVICES 
    
A. All Insurance and Insurance 
 Related Services  
    
(a) Direct life insurance 
 (CPC 8121 +) (b) Direct non-life insurance 
 (CPC 8129 +) 
(c) Reinsurance  
 (CPC 81299 +) 
(d) Insurance intermediation 
and  auxiliary services 
 (CPC 8140) 1) Unbound 
2) None 3) All insurers/reinsurers (and insurers on whose 
behalf policies are sold) need to be 
incorporated as a pub lic company in South 
Africa and registered with the supervisory 
authority to carry on insurance  business in 
South Africa. 1) Unbound 
2) None 3) None    S/DCS/W/ZAF
 Página 17Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limitations on  National Treatment Additional 
Commitments 
  The acquisition of shares or any other interest 
(by a resident or non-resident) in a registered insurer resulting in the holding of 25 per cent 
or more of the value of all the shares or other 
interest in that business, requires the written approval of the Registrar of Insurance. 
   
  The executive chairman, public officer and the 
majority of directors must be resident in South Africa. 
 
 Life insurance actuaries must also be resident 
in South Africa. 
   
 4) Unbound, except as indicated in the horizontal 
section. 
 4) Unbound, except as indicated in the horizontal 
section. 
  
B. Banking and Other 
Financial Services  
    
(a) Accepting of deposits and 
other repayable funds from 
the public 
 (CPC 81115 to 81119) 1) Unbound 
2) Unbound, except for provision and transfer of 
financial information and financial data processing. 1) Unbound 
2) Unbound  
(b) Lending of all types, 
including, inter alia , 
consumer credit, mortgage 
credit, factoring and 
financing of commercial transactions 
 (CPC 8113) 
(c) Financial Leasing  (CPC 8112) 3) Dealings in foreign exchange in South Africa 
must be carried out through a dealer authorised by the SA Reserve Bank.  Only 
banks registered to op erate in South Africa 
with the required minimum capital base are eligible to seek authorization as a foreign 
exchange dealer. 3) Branches of banks not incorporated in South 
Africa must maintain a minimum balance of R 1 million on the depo sit accounts of natural 
persons. 
   S/DCS/W/ZAF 
Página 18 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limitations on  National Treatment Additional 
Commitments 
(d) All payments and money 
transmission services, including credit, charge and 
dedit cards, travellers 
cheques and bank drafts (CPC 81339 +) 
(e) Guarantees and 
commitments  
 (CPC 81199 +)  Companies involved in asset management, 
collective investment schemes and custodial services for securities and financial 
instruments (including equities and bonds) 
need to be incorporated as public companies in South Africa and registered with the 
supervisory authority to carry on business in 
South Africa.   
(f) Trading for own account or 
for account of customers 
the following: 
 (i) Money markets 
 instruments 
  (CPC 81339+)  Trading for the account of customers on a 
licensed exchange requires separately 
capitalised incorporation in South Africa as a public or private company and registration 
with the relevant supervising authority.   
 (ii) Foreign exchange 
  (CPC 81333) 
 (iii) Derivative products 
  (CPC 81339 +) 4) Unbound, except as indicated in the horizontal 
section. 4) Unbound, except as indicated in the horizontal 
section.  
 (iv) Exchange rate and 
 interest rate 
 instruments 
  (CPC 81339 +)  (v) Transferable securities 
  (CPC 81321 +) 
 (vi) Other negotiable 
 instruments 
  (CPC 81339 +)    
(g) Participation in issues of all 
kinds of securities, 
including underwriting and 
placement as an agent 
 (CPC 8132 +) 
(h) Money broking 
 (CPC 81339 +)      S/DCS/W/ZAF
 Página 19Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limitations on  National Treatment Additional 
Commitments 
(i) Asset management, such as 
cash or portfolio management, all forms of 
collective investment 
management, custodial depository and trust 
services 
 (CPC 8119 + and 81323 +)    
(j) Settlement and clearing 
services for financial assets, 
including securities, 
derivative products and other negotiable 
instruments    
(k) Provision and transfer of 
financial information, and 
financial data processing 
and related software by 
providers of other financial 
services 
 (CPC 8131+)    
(l) Advisory and other 
auxiliary financial services on all the activities listed in 
subparagraphs (v) through 
(xv) of paragraph 5.(a) of the Annex on Financial 
Services. 
 (CPC 8131+ and 8133+)     
9. TOURISM AND TRAVEL 
 RELATED SERVICES     
A. Hotels and Restaurants  
 (including catering)  (CPC 641) 1) Unbound except for catering:  None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section   S/DCS/W/ZAF 
Página 20 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limitations on  National Treatment Additional 
Commitments 
B. Travel Agencies and Tour  
 Operators Services  
 (CPC 7471) 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
  
C. Tourist Guide Services  
 (CPC 7472) 1) Unbound* 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 
 1) Unbound* 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section 
  
11. TRANSPORT SERVICES 
    
F. Road Transport Services  
    
(a) Passenger transportation 
 (CPC 7121) (CPC 7122) 
 1) Unbound 
2) Unbound 
3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) Unbound 
2) Unbound 
3) None 
4) Unbound except as indicated in the horizontal 
section 
  
(b) Freight transportation 
 (CPC 7123) 1) Unbound 
2) Unbound 
3) None 
4) Unbound except as indicated in the horizontal 
section 1) Unbound 
2) Unbound 
3) None 
4) Unbound except as indicated in the horizontal 
section 
  
(d) Maintenance and repair of 
road transport equipment 
 (CPC 6112) 
 1) Unbound* 
2) None 
3) None 
4) Unbound except as indi cated in the  horizontal 
section 1) Unbound* 
2) None 
3) None 
4) Unbound except as indi cated in the  horizontal 
section    S/DCS/W/ZAF
 Página 21Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limitations on  National Treatment Additional 
Commitments 
12. OTHER SERVICES NOT 
INCLUDED ELSEWHERE 
    
 
 Washing, cleaning and 
dyeing services 
 (CPC 9701) 
 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
  
 Hairdressing and other 
services  
 (CPC 9702) 
 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section 
  
Coding :  Numbers indicated in each sectoral commitment are references to the Services Sectoral Classi fication List (MTN.GNS/W/120) – W 120 and the UN  
  Provisional Central Product Classification of 1991 (CPC). 
 
   + Part of item 
   * Unbound due to lack of technical feasibility S/DCS/W/ZAF 
Página 22  
 
ADDITIONAL COMMITMENTS BY SOUTH AFRICA
 
 
REFERENCE PAPER  
 Scope
 
 
The following are definitions and principles on the regulatory framework for the basic 
telecommunications services.    Definitions
 
 
Users  mean service consumers and service suppliers.   
 Essential facilities
 mean facilities of a public telecommunications transport network or service that 
 
 (a) are exclusively or predominantly provided  by a single or limited number of suppliers;  
  and   (b) cannot feasibly be economically or technically substituted in order to provide a    service.  
A major supplier
 is a supplier which has the ability to mate rially affect the terms of participation 
(having regard to price and supply) in the releva nt market for basic telecommunications services as a 
result of:   (a) control over essential facilities;  or 
 
 (b) use of its position in the market.  1. Competitive safeguards
 
 1.1 Prevention of anti-competitive practices in telecommunications
 
 
 Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone 
or together, are a major supplier from engaging  in or continuing anti-competitive practices. 
 1.2 Safeguards
 
 
 The anti-competitive practices referred to  above shall include in particular: 
  (a) engaging in anti-competitive cross-subsidization;     (b) using information obtained from comp etitors with anti-competitive results;  and 
 
 (c) not making available to other services suppliers on a timely basis technical 
 information about essential facilities and co mmercially relevant information which 
 are necessary for them to provide services.  
 
 
    
  S/DCS/W/ZAF 
 Página 23 
 
 
2. Interconnection  
 2.1 This section applies to linking with supplie rs providing public telecommunications transport 
networks or services in order to allow the users of  one supplier to communicate with users of another 
supplier and to access services provided by anot her supplier, where specific commitments are 
undertaken. 
 2.2 Interconnection to be ensured
 
  Interconnection with a major supplier will be en sured at any technically feasible point in the 
network.  Such interconnection is provided. 
  (a) under non-discriminatory terms, cond itions (including technical standards and 
 specifications) and rates
1 and of a quality no less favourable than that provided for its 
 own like services or for like services of non-affiliated service suppliers or for its 
 subsidiaries or other affiliates; 
  (b) in a timely fashion, on terms, conditions (including technical standards and 
 specifications) and cost-oriented rates that are transparent, reasonable, having regard 
 to economic feasibility, and sufficiently unb undled so that the supplier need not pay 
 for network components or facilities that it does not require for the service to be 
 provided;   
  (c) upon request, at points in addition to th e network termination points offered to the 
 majority of users, subject to charges that reflect the cost of construction of necessary  additional facilities;  and 
 
2.3 Public availability of the pro cedures for interconnection negotiations
 
  The procedures applicable for interconnection to a major supplier will be made publicly   
available.  
2.4 Transparency of interconnection arrangements
 
  It is ensured that a major supplier will make publicly available either its interconnection   
agreements or a reference interconnection offer.  
2.5 Interconnection:  dispute settlement
 
  A service supplier requesting interconnection with  a major supplier will have recourse, either: 
  (a) at any time or  
 (b) after a reasonable period of time which has been made publicly known 
 to an independent domestic body, which may be a regulatory body as referred to in paragraph 5 
below, to resolve disputes regarding appropriate te rms, conditions and rates for interconnection within 
a reasonable period of time, to the extent th at these have not been established previously. 
 
 
                                                     
 
1 The authorities may determine different rates in resp ect of different services  rendered in different 
areas under different circumstances or may determine rates which may be high er or lower than the normal rates 
providing that the determination of such rates is done on a non-discriminatory basis. S/DCS/W/ZAF 
Página 24  
 
3. Universal service
 
  Any Member has the right to define the ki nd of universal service obligation it wishes to 
maintain.  Such obligations will not be regarded as anti-competitive per se , provided they are 
administered in a transparent, non-discriminator y and competitively neutral manner and are not more 
burdensome than necessary for the kind of universal service defined by the Member. 
 4. Public availability of licensing criteria
 
  Where a licence is required, all the licensing criteria and the terms and conditions of 
individual licences will be made publicly available. 
  The reasons for the denial of a licence will be  made known to the applicant upon request. 
 5. Independent regulators
 
 
 The regulatory body is separate from, and not accountable to, any supplier of basic telecommunications services. The decisions of and the procedures used by regulators shall be impartial with respect to all market participants.  6. Allocation and use of scarce resources
 
 
 Any procedures for the allocation and use of scarce resources, including frequencies, numbers 
and rights of way, will be carried out in an obj ective, timely, transparent and non-discriminatory 
manner.  The current state of allocated frequency ba nds will be made publicly available, but detailed 
identification of frequencies allocated for specific government uses is not required. 
 
_______________ 
   S/DCS/W/ZAF
 Página 25SOUTH AFRICA- LIST OF ARTICLE II (MFN) EXEMPTIONS 
 
 
Sector or Subsector Description of measure 
indicating its inconsistency  
with Article II Countries to which the 
measure applies Intended duration Conditions creating the need for 
the exemption 
Financial Services 
 Members of the Common 
Monetary Area enjoy preferential 
access to the South African capital and money markets and 
the  transfer of f unds, to or from 
the area of any other member of the Common Monetary Area, is 
exempt from exchange controls 
 Lesotho 
Namibia 
Swaziland  Indefinite 
 The Common Monetary Area 
Agreement is aimed at the sustained 
economic development of the area as a  whole.  In particular, it 
encourages the ad vancement of the 
less developed members of the area through preferential access to South 
Africa's capital and money markets. 
 
Road Transportation  Regional bilateral and plurilateral 
road transport agreements 
providing for the transport rights 
to carry goods and passengers to or from South Africa and between 
third countries concerned, to be 
reserved for the road transport 
operators of the contracting 
parties to existing and future agreements.  Cabotage restricted 
to South African  registered 
vehicles and operators.  Botswana 
Lesotho 
Swaziland 
 Malawi 
 
Zimbabwe 
 
Other Sub-Saharan African countries 
 Indefinite 
 To enhance the development of an 
integrated road transport system to 
underpin the economic 
development of the region and to ensure the availability of an 
efficient  distribution network for 
relief supplies in case of natural 
disasters such as frequently 
occurring droughts in the region  
 
__________ 
 
 
 