Report

Appendix 12
Original Commitments/Initial/Revised Offers in Construction, Tourism and Education Services
I. Horizontal Commitments
Table A12.1 India’s Revised Offer
Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of
Natural Persons
Sector/Sub-sector Limitations on Market Access Limitations on National Treatment
All sectors included (4) None for the following categories: (3) In case of collaboration with public sector
in this Schedule (a) Business visitors (entry for this category shall be enterprises or government undertakings as
for a period of not more than 180 days)
joint venture partners, preference in
(b) Intra-corporate transferees (Managers, Executives access will be given to foreign service
and Specialists) – Entry for persons in the above suppliers which offer the best terms for
categories shall be for a period of five years. transfer of technology.
(c) Contractual Service Suppliers – Employees of (3) Taxation laws for domestic and foreign
juridical persons
service suppliers, as per the provision of
(i) Employees of a foreign based company who the Income Tax Act, 1961, shall apply.
travel to India temporarily for short periods of (3) Subsidies, where granted, shall be
stay of up to one year in order to perform a
available only to domestic service
service pursuant to a contract between their suppliers.
employer and a client located in india where (4) None, except for requirement of requisite
the employer does not have an affiliate office visa and the conditions attached to entry
and where remuneration must be paid solely and temporary stay under such a visa for
to the employer and
each of the categories specified in the
(ii) Employees of a foreign… to fulfil
market Access column including: For
qualification and licensing requirements where categories (c) and (d): Proof of contract
presence in India is an essential condition for and possession of requisite educational
the fulfilment of these requirements. The service and professional qualifications relevant to
contract has to be obtained in one of the sectors the service to be provided including work
listed below and subject to additional conditions experience.
mentioned in the sub-sector:
– Engineering/Integrated engineering/Architectural
Services
– Hotels and restaurant/Travel agency and tour
operator/Tourist guides services
(d) Independent Professionals:
(i) Natural persons who travel to India temporarily
for short periods of stay up to 12 months…
in order to perform a service pursuant to a contract
between them and a client located in India for
which they possess the necessary qualifications and
has obtained registration with the professional body
and remuneration is to be paid solely to the natural
person; and