In the process of regulatory review and development, the ministries and agencies involved may need to address four categories of issues:
Purpose of the regulation? The
national policy objective and the requirement for new regulation should
be clear.
How to ensure effectiveness? Check
the principles listed in Section 3.3.
Criteria for implementation and
administration
Transparent and impartial procedures.
Timely information of applicants
on status of processing.
Proper training and supervision
of officials involved.
Permanent monitoring for compliance
with underlying objectives.
Recourse possibilities for adversely
affected suppliers The relevant process should be clearly delineated,
reasonably timely and not unduly burdensome.
One of the barriers to trade expansion
for service suppliers is multiple licensing and certification requirements
in export markets. Such requirements may prove costly not only from both
the suppliers’ perspective, but could unnecessarily restrict competition
— and, thus, have unwarranted price effects — for potential users. To
help solve such problems, Members have concluded mutual recognition agreements
(MRAs) in appropriate cases or autonomously recognized education and training
obtained in other jurisdictions. While potentially in conflict with the
MFN
obligation under Article II,
GATS Article VII
allows for such measures as long as there are adequate provisions for
other Members to negotiate accession and/or achieve recognition of their
requirements and certificates, and the measures do not constitute a means
of discrimination or a disguised restriction on trade.
