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T OURISM AND TRAVEL RELATED SERVICES 127<br />

national treatment will not be accorded with respect<br />

to foreign exchange provided to foreigners to pay for<br />

any cross-border services. Thus for the tourism services<br />

provided by foreigners via Mode 1 while paying foreign<br />

exchange national treatment is not guaranteed. This<br />

implies that there could be discrimination between<br />

national and foreigners while payment is made in<br />

foreign exchange for services rendered through Mode<br />

1. However, those categories of persons have been<br />

excluded who are covered by Nepal’s commitments.<br />

Incidentally, there are only a few categories of persons<br />

who are covered by the schedule of commitments.<br />

Under Mode 3 in the National Treatment column<br />

a foreign investor reinvesting earnings is required to<br />

obtain the permission of the department of industry.<br />

Further, all foreign investments except for financial<br />

services require approval by the department of industry.<br />

Besides, incentives and subsidies are available only to<br />

enterprises wholly owned by Nepalese nationals.<br />

The tourism sector is largely dependent on various<br />

other sectors. In this regard, the most important sector<br />

is air transport without which the existence of today’s<br />

tourism would be extremely difficult. However, the air<br />

transport is only partially covered by GATS. According<br />

to Paragraph 3 of the Annex on Air Transport Services,<br />

only three services related to air transport – aircraft<br />

repair and maintenance services; the selling and<br />

marketing of air transport services; and computer<br />

reservation system (CRS) services are covered by GATS<br />

and services related to traffic rights which are the main<br />

activities in air transport remain outside GATS. The<br />

partial coverage of the sector does not really favour<br />

developing countries as the sector is dominated by<br />

innumerable bilateral agreements dictated generally by<br />

advanced countries. Generally speaking, for developing<br />

countries a multilateral agreement is preferable to a<br />

bilateral one since their concerns could be better<br />

addressed when there are a large number of parties<br />

involved rather than the bilaterals where a strong party<br />

can always thrust its will over the weak counterpart.<br />

In this regard, the review of air transport services<br />

is an important exercise in the WTO. Nevertheless, a<br />

few peripheral services covered by the GATS – which<br />

are actually support services to air transport – have<br />

not been liberally committed by member countries.<br />

Thus it is not surprising that barring Nepal no other<br />

South Asian WTO member country has made any<br />

commitments in services related to air transport. Nepal’s<br />

commitments relate to maintenance and repair of<br />

aircraft (CPC 8868) and there are no restrictions in<br />

Modes 1 and 2. Under Mode 3 the commercial presence<br />

is allowed through incorporation in Nepal and with a<br />

maximum foreign equity capital of 51%. However,<br />

foreign equity cap will be increased to 80% after five<br />

years from the date of accession. In the National<br />

Treatment column, Modes 1, 2, and 3 are without any<br />

restrictions. Mode 4 is unbound under both Market<br />

Access and National Treatment columns and refers to<br />

the horizontal section where there is nothing specific<br />

for this sector.<br />

Tourism accounts for about one-third of Nepal’s<br />

services receipts. SAARC countries offer a very healthy<br />

market to Nepal tourism – India being the biggest<br />

market for Nepal in the region. However, Nepal tourism<br />

has witnessed little growth during 1995–2005. Thus,<br />

number of tourist arrivals has been almost stagnant<br />

during the past eleven years.<br />

Tourism plays a very important role in the economy<br />

of Nepal. Employing some 600,000 people, it is the<br />

second largest sector of employment after agriculture<br />

(UNCTAD-ICC 2004). It is also a prominent foreignexchange<br />

earner, contributing 21% of the total value<br />

of merchandise exports, 10% of total foreign exchange<br />

earnings and 3% of the country’s GDP. The economic<br />

importance of tourism in Nepal has been due to<br />

economic linkages, foreign exchange earnings,<br />

employment and improved socio-economic conditions<br />

in remote rural areas (ESCAP 2005). As tourism in<br />

Nepal has hitherto been concentrated in the Kathmandu<br />

valley, Pokhara and Chitwan, it has been suggested that<br />

new areas can be developed in other parts of the country<br />

by setting up resorts that can be destinations on their<br />

own, such as the national parks and wild-life reserves<br />

(UNCTAD-ICC 2004). The Nepal Tourism Board has<br />

been providing small-scale skill development training<br />

covering most areas of the tourism industry for local<br />

stakeholders to strengthen their capacity (ESCAP<br />

2005). The government has established the Nepal<br />

Academy of Tourism and Hotel Management and there<br />

are four private sector training institutes in Kathmandu<br />

and two in Pokhara.<br />

The major tourist-originating market for Nepal has<br />

traditionally been India, which account for nearly 20%<br />

of the total arrivals. This is a foundation that can be<br />

built on, for Indian tourists are among the highest<br />

spenders in Nepal and they are especially likely to visit<br />

in the summer months when non-Indian arrivals<br />

decline. The latest development in this area is the status<br />

granted to Nepal by the People’s Republic of China as<br />

one of the outbound destinations for Chinese tourists.<br />

According to the UNCTAD-ICC study, Tourism is<br />

an area with enormous potential. There are spectacular

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