Examples of Article XVI Market Access limitations in GATS ...
Examples of Article XVI Market Access limitations in the GATS Schedules of Australia, the EC, Canada, India, Korea, Brazil and the U.S.
|WTO Member |Sector or Sub-Sector |Mode |Limitations on Market Access |
| | | |The underlining is supplied and does not appear in the original schedules. |
|Australia | | | |
| |1.A.a) Legal services |3) |Natural persons practising foreign law may |
| |Home country law, including | |only join a local law firm as an employee or |
| |public international law | |as a consultant and may not enter into |
| |(CPC 861**) | |partnership with or employ local lawyers |
| | | | |
| | | | |
| |1.A. b) Accounting, auditing and |3) |Only natural persons may be registered as |
| |book-keeping services | |auditors and liquidators |
| |(CPC 862) | | |
| | | | |
| | | | |
| |1.D a) Involving own or leased property |1) |Commercial presence required |
| |(CPC 821) | | |
| | |2) |Commercial presence required |
| | | | |
| | | | |
| |1.D. b) On a fee or contract basis |1) |Commercial presence required |
| |(CPC 822) | | |
| | |2) |Commercial presence required |
| | | | |
| | | | |
| |7. A. Insurance and |3) |Registered foreign life insurance companies |
| |insurance-related services | |are required to have a principal officer |
| | | |resident in Australia. |
| | | | |
| | |1),3) |An authorised insurance company operating in |
| | | |Australia as a non-incorporated entity must |
| | | |appoint an Australian resident as agent of |
| | | |the insurer. |
| | | | |
| | | | |
| |7.B. Banking and Other Financial |1),3) | A foreign bank located overseas is able to |
| |Services | |offer its services to Australian |
| |(excl. insurance) | |enterprises, but is not allowed to raise |
| | | |deposit funds in Australia or undertake |
| | | |business within Australia unless it is an |
| | | |authorised bank (or establishes a money |
| | | |market corporation, subsidiary etc.). |
| | | |Foreign banks located overseas may, however, |
| | | |raise funds in Australia through the issue |
| | | |of debt securities provided that those |
| | | |securities are offered/traded in parcels of |
| | | |not less than $A500,000 and the securities |
| | | |and any information memoranda clearly state |
| | | |the issuing bank is not authorised under the |
| | | |Banking Act in Australia. |
| | | | |
| | | | |
| | |1),3) |A number of State and Territory Governments |
| | | |operate central financing authorities |
| | | |through which the Government's wholly or |
| | | |partly-owned statutory authorities and |
| | | |business enterprises are obliged to borrow |
| | | |(and in some cases invest) their funds, or |
| | | |otherwise obtain certain financial |
| | | |services: |
| | | | |
| | | |SA - South Australian Government Financing |
| | | |Authority, Local Government Finance |
| | | |Authority of South Australia |
| | | |TAS - Tascorp |
| | | |NSW - NSW Treasury Corporation |
| | | |VIC - Treasury Corporation of Victoria |
| | | |QLD - Queensland Treasury Corporation, |
| | | |Queensland Investment Corporation |
| | | |NT - Northern Territory Treasury Corporation |
| | | |WA - Western Australian Treasury Corporation |
| | | | |
| | | | |
| | |3) |The Australian Stock Exchange liquid capital |
| | | |requirements for stockbrokers may have the |
| | | |effect of favouring participation in the |
| | | |Exchange by subsidiaries rather than |
| | | |branches of foreign companies. |
| | | | |
| | | | |
|European Communities 12 | | |
| | | | |
| |1.A.a) Legal advice on home country |4) |… |
| |law and public international law | |GR: Conditions of nationality |
| |(excluding EC law) | | |
| | | |F: Legal advice activities and drafting of |
| | | |legal documents as a main activity and for |
| | | |the public, are reserved to the members of |
| | | |the regulated legal and judicial |
| | | |professions.#9 These activities may also be |
| | | |exercised as a secondary activity to the |
| | | |principal activity by members of other |
| | | |regulated professions or by qualified |
| | | |persons. |
| | | | |
| | | | |
| |1.A.b) Accounting services |3) |… |
| |(CPC 86212 other than "auditing | |I: Access is restricted to natural persons. |
| |services", 86213,86219) | |Professional association (no incorporation) |
| | | |among natural persons permitted. |
| | | | |
| | | | |
| | | | |
| | |4) |… |
| | | |F: Conditions of nationality. However |
| | | |non-EC professionals may be permitted to |
| | | |provide services, by a decision of the |
| | | |Minister of Economics, Finance and Budget, |
| | | |in agreement with the Minister of Foreign |
| | | |Affairs. The requirement of residence |
| | | |cannot exceed 5 years. |
| | | | |
| | | | |
| | | | |
| | | |I: Conditions of nationality for |
| | | |"Ragionieri-Periti commerciali". |
| | | | |
| | | |DK: Citizenship requirement unless |
| | | |otherwise provided by the Danish Commerce |
| | | |and Companies Agency. |
| | | | |
| | | | |
| |1.A.i) Veterinary services |3) |D, DK, E, P: Access restricted to natural |
| |(CPC 932) | |persons. |
| | | | |
| | | |I: Access restricted to natural persons. |
| | | |Professional associations (no incorporation) |
| | | |among natural persons permitted. |
| | | | |
| | | |IRL, UK: Access through partnership or |
| | | |natural persons only. |
| | | | |
| | | | |
| |1.A. j) Services provided by Nurses, |3) |E, P: Nurses - access restricted to natural |
| |Physiotherapists and Paramedical | |persons. |
| |Personnel | | |
| |(CPC 93191#11) | |I : Nurses - access restricted to natural |
| | | |persons. Professional associations |
| | | |(no incorporation) among natural persons |
| | | |permitted. |
| | | | |
| | |4) |Unbound except as indicated in the |
| | | |horizontal section and subject to the |
| | | |following specific limitations: |
| | | | |
| | | | DK: Limited authorization to fulfil a |
| | | |specific function can be given for maximum |
| | | |18 months. |
| | | | |
| | | | GR, P: Condition of nationality. |
| | | | |
| |1.A. Supply of pharmaceutical goods |3) |#12 D, DK, E, GR, L, NL, P: Access |
| |to the general public | |restricted to natural persons only. |
| |(pharmacists) | | |
| | | |I: Access restricted to natural persons. |
| | | |Professional association (no incorporation) |
| | | |among natural persons permitted. |
| | | | |
| | |4) |F: Condition of nationality. However, |
| | | |within established quotas, access for third |
| | | |country nationals is possible provided the |
| | | |service provider holds the French degree in |
| | | |pharmacy. |
| | | | |
| | | |D, DK, GR: Condition of nationality. |
| | | | |
| | | | |
| |1.A. k) Other |3) |E: Access to profession of surveyors and |
| | | |geologists through natural persons only. |
| |Related Scientific and Technical | | |
| |Consulting Services#13 | |P: Access restricted to natural persons. |
| |(CPC 8675) | | |
| | | |I : Access to profession of surveyors and |
| | | |geologists through natural persons only. |
| | | |Professional association (no incorporation) |
| | | |among natural persons permitted. |
| | | | |
| | |4) |D: Conditions of nationality for publicly |
| | | |appointed surveyors. |
| | | | |
| | | | |
| |1.D. b) On a Fee or Contract Basis |3) |E: Access is restricted to natural persons. |
| |(e.g. Property Evaluation, | | |
| |Estate Management, etc.) |4) |DK: Authorized estate agent: Citizenship |
| |(CPC 822) | |requirement unless waived by the Danish |
| | | |Commerce and Companies Agency. Unauthorized |
| | | |estate agent: Citizenship requirement |
| | | |unless waived by the Danish Commerce and |
| | | |Companies Agency. |
| | | | |
| | | |GR: Condition of nationality. |
| | | | |
| | | | |
| |1.E. a) Relating to ships |1) |F: Chartering of all ships is subject to |
| |(CPC 83103) | |prior notification. |
| | | | |
| | |2) |F: Chartering of all ships is subject to |
| | | |prior notification. |
| | | | |
| | |3) |F: Chartering of all ships is subject to |
| | | |prior notification. |
| | | | |
| | | | |
| |1.E. b) Relating to Aircraft |2) |All Member States: Aircraft used by |
| |(CPC 83104) | |Community air carriers have to be registered |
| | | |in the Member State licensing the air |
| | | |carrier or elsewhere in the Community. |
| | | |Waivers can be granted for short term lease |
| | | |contracts or under exceptional circumstances. |
| | | | |
| | |3) |All Member States: To be registered in the |
| | | |aircraft register of these Member States, |
| | | |the aircraft must be owned either by natural |
| | | |persons meeting specific nationality |
| | | |criteria or by juridical persons meeting |
| | | |specific regarding ownership of capital and |
| | | |control (including nationality of directors). |
| | | | |
| | | | |
| |F Security Services |3) |DK: Unbound for airport guard services. |
| |(CPC 87302, 87303, 87304, 87305) | |Requirement to be a national juridical |
| | | |person. Access is subject to prior |
| | | |authorization. In granting the |
| | | |authorization, the Ministry of Justice takes |
| | | |into account conditions such as competence, |
| | | |professional integrity and independence, |
| | | |experience and good reputation of the firm |
| | | |seeking establishment. |
| | | | |
| | | | |
| |3. CONSTRUCTION AND RELATED | | |
| |ENGINEERING SERVICES | | |
| |(CPC 511, 512, 513, 514, 515, |3) |GR: Nationality condition for managers of |
| |516, 517, 518) | |the board of directors of construction |
| | | |companies supplying in the public sector. |
| | | | |
| | | |GR: Nationality condition for managers of |
| | | |construction companies supplying in the |
| | | |public sector. |
| | | | |
| | | | |
| |5. B. Secondary Education Services |4) |F: Condition of nationality. However, third |
| |(CPC 922) | |country nationals may obtain authorization |
| | | |from competent authorities to establish and |
| | | |direct an education institution and to |
| | | |teach. |
| | | | |
| | | |I: Condition of nationality for service |
| | | |providers to be authorized to issue State |
| | | |recognized diplomas. |
| | | | |
| | | |GR: Condition of nationality for teachers. |
| | | | |
| | | | |
| |7. B. Banking and Other Financial | | |
| |Services |1) |I: The offer and marketing of services |
| |(excluding insurance) | |concerning the distribution to the public, |
| | | |through telecommunication or other |
| | | |information means, of information concerning |
| | | |prices, the volume of transactions, the |
| | | |offer and demand conditions relating to the |
| | | |negotiation of securities dealt in the |
| | | |Italian regulated market, or in other |
| | | |recognized markets, requires prior |
| | | |authorization by the Stock Exchanges |
| | | |Commission (Consob). This authorization may |
| | | |not be granted if the authorities determine |
| | | |that there is a risk that the data provided |
| | | |may induce the public to error. |
| | | | |
| | | | |
| | |2) |I: Residents in Italy need authorization to |
| | | |purchase or sell abroad unrefined gold. |
| | | | |
| | | | |
| | | |P: Open-ended investment funds are required |
| | | |to invest 25 per cent of their funds in |
| | | |Portuguese Government funds. The ability of |
| | | |residents in Portugal to carry out the |
| | | |following operation abroad is restricted: |
| | | | |
| | | |- issue on a foreign market of domestic |
| | | |securities and negotiable instruments. |
| | | | |
|Canada | | | |
| | | | |
| |1.A.b) Accounting, auditing and book-keeping |1) |None, other than: |
| |services | | |
| | | |Auditing (Saskatchewan, Newfoundland, Nova |
| | | |Scotia, Manitoba, Ontario): Requirement for |
| | | |a commercial presence |
| | | |(Manitoba, Québec): Citizenship requirement |
| | | |for accreditation |
| | | |(Alberta, Ontario): Permanent residence |
| | | |required for accreditation |
| | | | |
| | | | |
| | |2) |None, other than: |
| | | |Auditing (Saskatchewan, Newfoundland, Nova |
| | | |Scotia, Manitoba, Ontario): Requirement for |
| | | |a commercial presence |
| | | |(Manitoba, Québec): Citizenship requirement |
| | | |for accreditation |
| | | |(Alberta, Ontario): Permanent residence |
| | | |required for accreditation |
| | | | |
| | | | |
| |1.A d) Architectural services |1) |None, other than: |
| |(CPC 8671) | | |
| | | |Architects (Québec): Citizenship |
| | | |requirement for accreditation |
| | | | |
| | | | |
| |1.D.b) Real estate services on a fee |1) |Chartered Appraisers (Québec): Citizenship |
| |or contract basis | |requirement for use of title |
| |(CPC 822) | | |
| | | | |
| | | | |
| |1.D i*) Toll refining services - oil | | |
| |(CPC 8845*) | | |
| | | | |
| |Toll refining services - basic |2) |None, other than: |
| |metals | | |
| |(CPC 8851) | |Toll Refining of Basic Metals (Ontario): |
| | | |Must be treated or refined in Canada |
| | | | |
| | | | |
| |4. B. Wholesale trade services | |Marketing of Fish Products (Nova Scotia): |
| | | |Nova Scotia residents require ministerial approval |
| | | |to enter into agreements with non-residents |
| | | | |
| |4. D. Franchising |1) |None, other than: |
| | | | |
| |Franchising related to | |(Alberta): Service suppliers required to |
| |non-financial intangible assets | |designate a place within Alberta where they |
| |(CPC 8929*) | |can be served legal documents |
| | | | |
| | |3) |None, other than: |
| | | | |
| | | |(Alberta): Required to have an attorney for |
| | | |service in legal documents |
| | | | |
| | | | |
| |7. A. (i) Direct Insurance (including co-insurance)| | |
| | |1) |None, other than: |
| |d) Services auxiliary to | | |
| |insurance (including broking and | |Intermediation of insurance relating to |
| |agency services) | |maritime shipping, commercial aviation, |
| |(CPC 8140) | |space launching, freight (including |
| | | |satellites) and goods in international |
| | | |transit (all provinces): Services must be |
| | | |supplied through a commercial presence in |
| | | |the province in which the service is |
| | | |provided. |
| | | | |
| | | |(Ontario and Prince Edward Island): |
| | | |Non-resident individual adjusters are |
| | | |prohibited from being adjusters in the |
| | | |province. |
| | | | |
| | | |(Manitoba): Licenses to act as insurance |
| | | |agents and brokers are not issued to |
| | | |non-residents of Canada. |
| | | | |
| | | |(New Brunswick): Licenses shall not be |
| | | |issued to a corporation whose head office is |
| | | |outside Canada. |
| | | | |
| | | |(Alberta and Manitoba): A license to act as |
| | | |a special broker authorized to place |
| | | |insurance coverage with unlicensed insurers |
| | | |is restricted to residents of the province, |
| | | |as the case may be. |
| | | | |
| | | |(British Columbia): Licenses for general |
| | | |insurance shall be issued only to residents |
| | | |of the province. |
| | | | |
| | | |(Prince Edward Island): Licenses to act as |
| | | |insurance agent or adjusters are not issued |
| | | |to non-resident of the province. |
| | | | |
| | | | |
| |9. A. Food and beverage serving |3) |None, other than: |
| |services | | |
| |(CPC 642/3) | |Sale of liquor on premises (Nova Scotia): |
| | | |New licences require a majority approval in |
| | | |a public vote |
| | | | |
|India | | | |
| | | | |
| |2.C. o) o) Cellular mobile telephone |3) |The service will be permitted to be provided |
| |services. | |only after the operator gets a licence from |
| | | |the Designated Authority who shall determine |
| | | |the need, if any, for issuance of new |
| | | |licences. The terms and conditions of the |
| | | |licence will be as laid down by the |
| | | |Designated Authority or Government or the |
| | | |prevailing laws in the country |
| | | | |
| | | |Only digital (GSM) technology will be |
| | | |permitted and this will only be terrestrial |
| | | |based. |
| | | | |
| | | |There will be two cellular service operators |
| | | |in each service area. The position will be |
| | | |reviewed after 10 years. The right of |
| | | |DoT/MTNL to enter into each service area is |
| | | |reserved. |
| | | | |
| | | | |
| |7. A. All Insurance and Insurance-related | | |
| |Services | | |
| | | | |
| |Reinsurance and retrocession |1),2) |Reinsurance can be taken with foreign |
| |5(a)(ii) | |reinsurers to the extent of the residual |
| | | |uncovered risk after obligatory or statutory |
| | | |placements domestically with Indian |
| | | |insurance companies. |
| | | | |
| | | | |
| | | | |
| |Insurance intermediation, |1),2) |Reinsurance of domestic risks can be placed |
| |limited to reinsurance Ex. | |with foreign reinsurers through overseas |
| |5(a)(iii) | |brokers, to the extent mentioned under |
| | | |reinsurance and retrocession |
| | | | |
| | |3) |(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. A. a) Legal services supplied by a |1) |Services must be supplied by a natural |
| |lawyer qualified as "Bengoshi" | |person. |
| |under Japanese law | | |
| |(CPC 861) | |Commercial presence is required. |
| | | | |
|Korea RP | | |
| | | | |
| |2.C.o) a) Voice telephone services |1) |None except that the provision of all |
| |(CPC 7521**) | |services is subject to commercial |
| | | |arrangements with licensed Korean service |
| |b) Packet-switched data | |suppliers |
| |transmission services | | |
| |(CPC 7523**) | | |
| | | | |
| |c) Circuit-switched data | | |
| |transmission services | | |
| |(CPC 7523**) | | |
| | | | |
| |d) Telex services | | |
| |(CPC 7523**) | | |
| | | | |
| |e) Telegraph services | | |
| |(CPC 7523**) | | |
| | | | |
| |f) Facsimile services | | |
| |(CPC 7521**, 7529**) | | |
| | | | |
| |g) Private leased circuit | | |
| |services (CPC 7522**, 7523**) | | |
| | | | |
| |o) Other | | |
| | | | |
| |Digital cellular services | | |
| |(CPC 75213*) | | |
| |Paging services | | |
| |(CPC 75291*) | | |
| |PCS (personal communications | | |
| |services, CPC 75213*) | | |
| |TRS (trunked radio system) | | |
| |services (CPC 7523**, | | |
| |CPC 75213*) | | |
| |Mobile data services | | |
| |(CPC 7523**) | | |
| | | | |
| | | | |
| | | | |
| |4. C. Retailing Services |3) |Department stores and shopping centers are |
| |(CPC 6111, 61130, 61210, 63101, | |prohibited. |
| |63104 and 632, excluding animal | | |
| |feed, livestock and other animal | | |
| |in 63295) | | |
| | | | |
| | | | |
| |6. B. Refuse Disposal Services |3) |Refuse collection and transport service |
| | | |suppliers may conduct business only within |
| |Industrial Refuse Disposal | |the jurisdiction of the respective Regional |
| |Services | |Environment Office which has granted them |
| |(CPC 9402#14) | |approval for operation. |
| | | | |
| | | | |
| |7. f) Trading for own account or for account of | | |
| |customers, whether on an exchange, in an | | |
| |over-the-counter market or otherwise, the | | |
| |following: | | |
| | | | |
| |All financial services covered |1),2),3) |Korea undertakes a standstill commitment for |
| |by this schedule including | |limitations on market access, where specific |
| |Insurance | |commitments are undertaken, in financial |
| | | |services listed in this schedule as of 31 |
| | | |August 1997. |
| | | | |
| | | |Cross-border supply of financial services |
| | | |and supply through consumer movement may not |
| | | |be settled in Korean currency. After the |
| | | |establishment of a commercial presence, |
| | | |financial institutions may handle only |
| | | |transactions, denominated and settled in |
| | | |Korean currency, with residents. Approval |
| | | |is required for transactions denominated or |
| | | |settled in foreign currency or transactions |
| | | |with non-residents. |
| | | | |
| | | |The management and operation of assets of a |
| | | |financial institution are restricted. A |
| | | |financial institution may not own |
| | | |non-business real estate. |
| | | | |
| | | |Assets owned by branches must be kept within |
| | | |the territory of Korea. The capital of the |
| | | |head office is not recognized as the basis |
| | | |for determining the extent of funding and |
| | | |lending activities of branches. |
| | | | |
| | | |- Demand deposit interest rates are |
| | | |regulated. |
| | | | |
| | | |Some new financial products, including |
| | | |derivatives, are subject to approval. |
| | | | |
| | | |- With interest rate and foreign exchange |
| | | |liberalization, such products will be more |
| | | |widely allowed, subject to relevant laws and |
| | | |regulations. |
| | | | |
| | | | |
| | |3) |New licenses are issued during a specific |
| |3. General Construction Work | |period every year. |
| |(CPC 5111, 5112, 5113, 5115, | | |
| |5116, 512, 5131, 5132, 5133, | |Limits on contract amount per contract are |
| |5136#9, 5137, 5139) | |applied. |
| | | | |
| | | |A compulsory subcontract system is applied. |
| | | | |
| | | | |
|Brazil | | | |
| | | | |
| |1. A. b) Accounting, auditing and |1) |Unbound except that a foreign service |
| |book-keeping | |supplier may cede its name to Brazilian |
| |(CPC 862) | |professionals |
| | | | |
| | | | |
| | | | |
| | |3) |Participation of non-residents in juridical |
| | | |persons controlled by Brazilian nationals is |
| | | |not allowed. A foreign service supplier |
| | | |shall not use its foreign name, but may cede |
| | | |it to Brazilian professionals who will |
| | | |constitute and exercise full participation |
| | | |in a new juridical person within Brazil. |
| | | | |
| | | | |
| |1. F. a) Advertising services |1) |Foreign participation in the production is |
| |(CPC 871) | |limited to 1/3 of the footage of advertising |
| | | |films. Larger participation is conditional |
| | | |on use of Brazilian talent and production |
| | | |house. Advertising films must be spoken in |
| | | |Portuguese, unless the use of a foreign |
| | | |language is required by the subject of the |
| | | |film. |
| | | | |
| | | | |
| | | | |
| |3. A. General Construction Work |3) |Access will be granted 5 years after |
| |for Buildings | |entering into force of Agreement |
| |(CPC 512) | |establishing the World Trade Organization. |
| | | |No limitations after that date. |
| | | | |
|USA | | | |
| | | | |
| | | | |
| | | | |
| |1. A. a) 1) Legal Services: practice |1) |For the following jurisdiction, the |
| |as or through a qualified US | |following commitments apply: in (all states) |
| |lawyer | |Services must be supplied by a natural |
| | | |person |
| | | | |
| | | |An in-state office must be maintained for |
| | | |licensure in: District of Columbia, Indiana |
| | | |(or an affiliate with an office and with |
| | | |other attorneys in the state), Michigan, |
| | | |Minnesota (or maintain individual residency |
| | | |in Minnesota), Mississippi, New Jersey, |
| | | |Ohio, South Dakota and Tennessee. |
| | | | |
| | |2) |Services must be supplied by a natural |
| | | |person |
| | | | |
| | | |An in-state office must be maintained for |
| | | |licensure in: District of Columbia, Indiana |
| | | |(or an affiliate with an office and with |
| | | |other attorneys in the state), Michigan, |
| | | |Minnesota (or maintain individual residency |
| | | |in Minnesota), Mississippi, New Jersey, |
| | | |Ohio, South Dakota and Tennessee. |
| | | | |
| | |3) |Services must be supplied by a natural |
| | | |person |
| | | | |
| | | |Partnership in law firms is limited to |
| | | |persons licenced as lawyers |
| | | | |
| | | |US citizenship is required to practice |
| | | |before the US Patent and Trademark Office |
| | | | |
| | |4) |Services must be supplied by a natural |
| | | |person |
| | | | |
| | | |An in-state office must be maintained for |
| | | |licensure in: District of Columbia, Indiana |
| | | |(or an affiliate with an office and with |
| | | |other attorneys in the state), Michigan, |
| | | |Minnesota (or maintain individual residency |
| | | |in Minnesota), Mississippi, New Jersey, |
| | | |Ohio, South Dakota and Tennessee. |
| | | | |
| | | |US Citizenship is required to practice |
| | | |before the US Patent and Trademark Office |
| | | | |
| |1. A. a) 2) Legal Services: | | |
| |consultancy on law of |3) |For the following jurisdiction, the |
| |jurisdiction where service | |following commitments apply: District of |
| |supplier is qualified as a | |Columbia, New Jersey, Minnesota, New York, Ohio |
| |lawyer (such consultancy | | |
| |excludes the following: | |In-state office required |
| | i) appearing for a person other | | |
| |than himself or herself as | | |
| |attorney in any court, or | | |
| |before any magistrate or other | | |
| |judicial officer, in this state | | |
| |(other than upon admission pro | | |
| |haec vice); | | |
| |ii) preparing any instrument | | |
| |effecting the transfer or | | |
| |registration of title to real | | |
| |estate located in the United | | |
| |States of America; iii) | | |
| |preparing any will or trust | | |
| |instrument effecting the | | |
| |disposition on death of any | | |
| |property located in the | | |
| |United States of America and | | |
| |owned by a resident thereof, or | | |
| |any instrument relating to the | | |
| |administration of a decedent's | | |
| |estate in the United States of | | |
| |America; and iv) preparing any | | |
| |instrument in respect of the | | |
| |marital or parental relations, | | |
| |rights or duties of a resident | | |
| |of the United States of America, | | |
| |or the custody or care of the | | |
| |children of such a resident.) | | |
| | | | |
| | | | |
| |1. A. b) Accounting, Auditing and |3) |Sole proprietorships or partnerships are |
| |Bookkeeping Services | |limited to persons licenced as accountants, |
| | | |except in Iowa where accounting firms must |
| | | |incorporate |
| | | | |
| | | | |
| | | | |
| |1. A. d) Architectural Services |3) |Two-thirds of the officers, partners, and/or |
| | | |directors of an architectural firm in |
| | | |Michigan must be licenced in Michigan as |
| | | |architects, professional engineers and/or |
| | | |land surveyors. |
| | | | |
| | | | |
| |1. A. g) Urban Planning & Landscape |3) |Two-thirds of the officers, partners, and/or |
| |Services | |directors of an architectural firm in |
| | | |Michigan must be licenced in Michigan as |
| | | |architects, professional engineers and/or |
| | | |land surveyors |
| | | | |
| |1. F. k) Placement and Supply Services |3) |US citizenship is required for ownership of |
| |of Personnel | |employment agencies in Arkansas. |
| | | | |
| | | | |
| |1. F. l) Investigation and Security |3) |Permanent resident alien status or US |
| |Services | |citizenship is required to own contract |
| | | |security companies in Maine |
| | | | |
| | | | |
| |7. A. b) Non-Life Insurance Services |3) |The following states have no mechanism for |
| | | |licensing initial entry of a non-US |
| | | |insurance company as a subsidiary, |
| | | |unless that company is already licensed |
| | | |in some other US state: Minnesota, |
| | | |Mississippi, and Tennessee. |
| | | | |
| | | |The following states have no mechanism for |
| | | |licensing initial entry of a non-US |
| | | |insurance company as a branch, unless that |
| | | |company is already licensed in some other US |
| | | |state: Arkansas, Arizona, Connecticut, |
| | | |Georgia, Hawaii, Kansas, Maryland, |
| | | |Minnesota, Nebraska, New Jersey, North |
| | | |Carolina, Pennsylvania, Tennessee, Utah, |
| | | |Vermont, Wyoming, West Virginia. |
| | | | |
| | | |US citizenship is required for members of |
| | | |the board of directors of locally |
| | | |established and licensed companies in the |
| | | |following states and in the following shares |
| | | |or numbers: 100 per cent required in |
| | | |Louisiana; three-quarters in Washington |
| | | |(mutual life companies with the majority of |
| | | |the board being resident in the state); |
| | | |two-thirds required in Oklahoma (for stock |
| | | |and mutual companies) and Pennsylvania; |
| | | |a majority required in California (for |
| | | |mutual insurers operating as authorized |
| | | |insurers only in the state of California), |
| | | |Florida (for stock and mutual insurers), |
| | | |Georgia (for stock and mutual insurers with |
| | | |one fourth resident in the state), Idaho |
| | | |(for stock and mutual insurers), Indiana, |
| | | |Kentucky, Mississippi, Ohio (for legal |
| | | |reserve life insurers), Oregon, New York, |
| | | |South Dakota (except if more than 1000 |
| | | |persons are entitled to vote for the board |
| | | |of directors and a majority of the voters |
| | | |reside outside the state, or less than one |
| | | |per cent of the shares are owned by state |
| | | |residents), Wyoming (for an insurer |
| | | |operating as an authorized insurer only in |
| | | |Wyoming); seven in Tennessee (for mutual |
| | | |life insurance companies; three resident in |
| | | |Illinois (for stock, mutual, or legal |
| | | |reserve insurers) |
| | | |and Missouri (life and accident). |
| | | | |
| | | |US citizenship for incorporators of |
| | | |insurance companies is required in the |
| | | |following states and in the following |
| | | |percentages or numbers: 100 per cent in |
| | | |Hawaii, Idaho (for stock or mutual insurer), |
| | | |Indiana, South Dakota and Washington; |
| | | |two-thirds in Arizona (for stock and mutual |
| | | |insurers), two-thirds resident in Georgia |
| | | |(for stock and mutual insurers); a majority |
| | | |in Alaska, Florida (for stock and mutual |
| | | |insurers), Arkansas (majority for mutuals |
| | | |or stock), Kansas (all life insurance |
| | | |companies and mutual insurers other than |
| | | |life), Kentucky (for mutual or stock |
| | | |insurers); Maine (life, health, and |
| | | |accident and mutual aid assoc with state |
| | | |residency for mutuals), Missouri (minimum 13 |
| | | |with overall majority resident in the |
| | | |state), Montana (stock or mutual insurers), |
| | | |Texas (life, health, accident and mutual aid |
| | | |assoc with state residency for mutuals), |
| | | |Wyoming (for reserve stock and mutual |
| | | |insurers). |
| | | | |
| | | |State residency is required in the following |
| | | |states for the organizing members of the |
| | | |following types of mutual insurance |
| | | |companies: Arkansas (mutuals and farm mutual |
| | | |insurers), California (county mutual fire |
| | | |insurer); Idaho (all mutuals); Kansas (all |
| | | |mutuals); North Dakota (all mutuals), |
| | | |Minnesota (township mutuals, farmers mutual |
| | | |fire insurance companies); Mississippi (all |
| | | |mutuals); Montana (farm mutual insurer); |
| | | |Vermont (fire cooperatives); Wyoming (farm |
| | | |mutual insurer). |
| | | | |
| | | |Seven or more US citizens, a majority of |
| | | |whom are residents of the state, may |
| | | |organize a fraternal benefit society in the |
| | | |following states: Alaska, Arizona (requires |
| | | |10 or more US citizens, a majority of whom |
| | | |are citizens of the state), Arkansas, |
| | | |California, Delaware, Florida, Hawaii, |
| | | |Idaho, Illinois, Indiana, Iowa, Kansas, |
| | | |Kentucky, Maine, Maryland, Michigan, |
| | | |Minnesota, Mississippi, Missouri, Montana, |
| | | |Nebraska, New Jersey, North Dakota, Oklahoma |
| | | |(requires 10 or more US citizens, a majority |
| | | |of whom are residents of the state), Oregon, |
| | | |Pennsylvania, South Dakota, Virginia, |
| | | |Vermont, Washington, West Virginia and |
| | | |Wyoming. |
| | | | |
| | | |Twenty-five or more persons domiciled in the |
| | | |state may organize a domestic reciprocal |
| | | |insurer in: Arizona, Arkansas, California, |
| | | |Delaware, Georgia, Idaho, |
| | | |Indiana, Kentucky, Maine, Maryland, |
| | | |Mississippi, Montana, Pennsylvania, |
| | | |South Dakota, Tennessee, Vermont, Virginia, |
| | | |Washington and Wyoming. |
| | | | |
| | | | |
| | | | |
| |7. A. c) Reinsurance and retrocession |1) |Insurance companies incorporated in Nevada |
| | | |may purchase reinsurance only from an |
| | | |insurer admitted to Nevada. All insurers |
| | | |writing workers' compensation insurance in |
| | | |Minnesota must purchase reinsurance from the |
| | | |Minnesota Workers' Compensation Reinsurance |
| | | |Authority. Unbound for Maine for the |
| | | |provision of reinsurance for workers' |
| | | |compensation. |
| | | | |
| | | | |
| | |2) |Insurance companies incorporated in Nevada |
| | | |may purchase reinsurance only from an |
| | | |insurer admitted to Nevada. All insurers |
| | | |writing workers' compensation insurance in |
| | | |Minnesota must purchase reinsurance from the |
| | | |Minnesota Workers' Compensation Reinsurance |
| | | |Authority. Unbound for Maine for the |
| | | |provision of reinsurance for workers' |
| | | |compensation. |
| | | | |
| | | | |
| |7. A. d) Services auxiliary to |1),3) |Non-resident licenses are not issued to |
| |insurance: | |individuals not licensed in another US state |
| | | |in Arkansas (agents, brokers, adjusters, |
| |(applicable to sub-sectors i), | |consultants), Connecticut (producers/ |
| |ii) and iii) below) | |adjusters/appraisers/consultants/brokers/ |
| | | |reinsurance intermediary), Colorado |
| | | |(producer, adjuster and reinsurance |
| | | |intermediary), California (agents/brokers), |
| | | |Delaware (broker/agent/reinsurance |
| | | |intermediary), Georgia |
| | | |(counsellor/adjuster), Florida |
| | | |(agent/broker), Hawaii, Illinois (producers/ |
| | | |adjusters/reinsurance intermediaries), |
| | | |Indiana (agent/broker), Kansas |
| | | |(agent/broker), Kentucky (agent/broker), |
| | | |Louisiana (agent/broker), Maine |
| | | |(agent/broker), Maryland (agent/broker/ |
| | | |reinsurance agent/reinsurance broker), |
| | | |Mississippi (agent/broker), Missouri |
| | | |(brokers), Montana (producer's |
| | | |license/agent/broker), Nevada |
| | | |(solicitor/adjuster/property bondsman/bail |
| | | |solicitor), New Jersey (producer's |
| | | |agent/broker), New Mexico |
| | | |(bailbondsmen/solicitors/broker agent), |
| | | |North Dakota (agents/brokers) Nebraska |
| | | |(producer's license/agent/broker), New York |
| | | |(reinsurance intermediary), North Carolina |
| | | |(reinsurance intermediary), Oregon |
| | | |(agent/adjuster/consultant/ reinsurance |
| | | |intermediary), Pennsylvania |
| | | |(adjuster/solicitor), South Dakota (agent), |
| | | |Virginia (agents/brokers/consultants), West |
| | | |Virginia (broker/reinsurance intermediary) |
| | | |and Texas (agent/broker), Washington |
| | | |(agent/broker). |
| | | | |
| | | | |
| |7. A. d. i) Brokerage Services#23 |1),3) |Brokerage licenses are not issued to |
| | | |non-residents in: South Dakota, Wyoming. |
| | | | |
| | | |Brokerage licenses are issued to |
| | | |non-residents for only certain lines of |
| | | |insurance in: Alabama (all except life, |
| | | |accident & health), Arkansas (property, |
| | | |casualty, surety & marine), California, |
| | | |Louisiana (property & casualty), New Mexico |
| | | |(property & casualty). |
| | | | |
| | | |All states require in-state residency for |
| | | |surplus lines brokers. |
| | | | |
| | | | |
| |7. A. d. ii) Agency Services |1),3) |Agency licenses are issued to non-residents |
| | | |for all or only certain lines of insurance |
| | | |in: California, Florida (general lines, |
| | | |life & health), Kansas, Kentucky (general |
| | | |lines, life & health), Louisiana (life & |
| | | |health), New Mexico (life & health), Ohio |
| | | |(life & casualty), Oregon, Rhode Island (all |
| | | |except general lines), Texas. |
| | | | |
| | | |All states require in-state residency for |
| | | |surplus lines agents. |
| | | | |
| | | | |
| |7. A. d. iii) Consultancy, Actuarial, |1),3) |Licenses are not issued to non-residents |
| |Risk Assessment, and Claim | |in: Alabama (adjuster, solicitor, service |
| |Settlement Services | |representative), California (adjuster, |
| | | |insurance analyst, motor club agents, |
| | | |bail bondsman), Florida (customer |
| | | |representative), Georgia (counsellor, |
| | | |adjuster), Hawaii (adjuster, solicitor), |
| | | |Idaho (solicitor), Indiana (bail bondsmen), |
| | | |Kentucky (adjuster), Maryland (adjuster), |
| | | |Michigan (adjuster), Montana (adjuster), |
| | | |Nevada (solicitor, adjuster, property |
| | | |bondsman), New Mexico (solicitor), North |
| | | |Carolina (limited representatives, |
| | | |adjusters, motor vehicle damage appraisers, |
| | | |professional bondsmen, runners), Oklahoma |
| | | |(bail license), Oregon, Pennsylvania (motor |
| | | |vehicle damage appraiser), Washington |
| | | |(solicitor, adjuster), West Virginia |
| | | |(adjuster, solicitor), and Wyoming |
| | | |(adjuster, solicitor). |
| | | | |
| | | |In-state residency is required for licensure |
| | | |in: California (for adjusters; and for life |
| | | |and disability insurance analysts), Georgia |
| | | |(for inspection when not accompanied by a |
| | | |licensed resident adjuster), Illinois (for |
| | | |non-resident public adjusters who are |
| | | |licensed in a state which does not permit |
| | | |equal treatment to Illinois residents), |
| | | |Maryland, Mississippi (for independent |
| | | |adjusters), and Nevada (for appraisers and |
| | | |adjusters). |
| | | | |
| | | |US citizenship is required for licensure in: |
| | | | Alabama (for agents, brokers, solicitors, |
| | | |managing general agents and service |
| | | |representatives), Idaho (for agents, |
| | | |brokers, solicitors and surplus lines |
| | | |brokers), Missouri (for brokers), Nebraska |
| | | |(for brokers), New Mexico (for solicitors |
| | | |and bailbondsmen), Ohio (for surplus lines |
| | | |brokers) and Oklahoma (for bail license). |
| | | | |
| | | | |
| |7. B. Trading of Securities and |1),2),3) |Federal law prohibits the offer or sale of |
| |Derivative Products and Services | |futures contracts on onions, options |
| |Related Thereto; Participation | |contracts on onions, and options on futures |
| |in Securities Issues | |contracts on onions in the United States, |
| | | |and services related thereto. |
| | | | |
| |9. B. Travel Agencies and Tour |3) |Official tourism offices with diplomatic or |
| |Operators | |official status are not permitted to operate |
| | | |on a commercial basis in the United States |
| | | |or to act as agents or principals in |
| | | |commercial transactions |
| | | | |
| | | | |
| |11. E. b) Freight Transportation |3) |Foreign railroads must incorporate in |
| | | |Vermont or in an adjacent state in order to |
| | | |own directly or indirectly the stock of a |
| | | |railroad company incorporated in Vermont |
| | | | |
| | | | |
| |11. H. d) Other Supporting and |3) |Services must be supplied by a corporation, |
| |Auxiliary Transport Services: | |association or partnership. One officer of |
| |Customs House Brokers | |a corporation or association or one of the |
| | | |members of a partnership must hold a valid |
| | | |customs broker's licence in order for the |
| | | |entity to engage in such business. A |
| | | |customs broker's licence may only be |
| | | |obtained by a US citizen. |
| | | | |
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