Download Examples of Article XVI Market Access limitations in GATS Schedules

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
Home country law, including
public international law
(CPC 861**)
3)
Natural persons practising foreign law may
only join a local law firm as an employee or
as a consultant and may not enter into
partnership with or employ local lawyers
1.A. b) Accounting, auditing and
book-keeping services
(CPC 862)
3)
Only natural persons may be registered as
auditors and liquidators
1.D a) Involving own or leased property
(CPC 821)
1)
Commercial presence required
2)
Commercial presence required
1)
Commercial presence required
2)
Commercial presence required
3)
Registered foreign life insurance companies
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.
1),3)
A foreign bank located overseas is able to
offer its services to Australian
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
1.D. b) On a fee or contract basis
(CPC 822)
7. A. Insurance and
insurance-related services
7.B. Banking and Other Financial
Services
(excl. insurance)
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1
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.
4)
…
GR: Conditions of nationality
European Communities 12
1.A.a) Legal advice on home country
law and public international law
(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
(CPC 86212 other than "auditing
services", 86213,86219)
03\53745_1
3)
…
I: Access is restricted to natural persons.
Professional association (no incorporation)
among natural persons permitted.
2
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
(CPC 932)
3)
D, DK, E, P: Access restricted to natural
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,
Physiotherapists and Paramedical
Personnel
(CPC 93191#11)
3)
E, P: Nurses - access restricted to natural
persons.
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
to the general public
(pharmacists)
3)
#12 D, DK, E, GR, L, NL, P: Access
restricted to natural persons only.
I: Access restricted to natural persons.
Professional association (no incorporation)
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3
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)
Related Scientific and Technical
Consulting Services#13
(CPC 8675)
E: Access to profession of surveyors and
geologists through natural persons only.
P: Access restricted to natural persons.
I : Access to profession of surveyors and
geologists through natural persons only.
Professional association (no incorporation)
among natural persons permitted.
1.D. b) On a Fee or Contract Basis
(e.g. Property Evaluation,
Estate Management, etc.)
(CPC 822)
4)
D: Conditions of nationality for publicly
appointed surveyors.
3)
E: Access is restricted to natural persons.
4)
DK: Authorized estate agent: Citizenship
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
(CPC 83103)
1.E. b) Relating to Aircraft
(CPC 83104)
03\53745_1
1)
F: Chartering of all ships is subject to
prior notification.
2)
F: Chartering of all ships is subject to
prior notification.
3)
F: Chartering of all ships is subject to
prior notification.
2)
All Member States: Aircraft used by
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.
4
F Security Services
(CPC 87302, 87303, 87304, 87305)
3. CONSTRUCTION AND RELATED
ENGINEERING SERVICES
(CPC 511, 512, 513, 514, 515,
516, 517, 518)
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).
3)
DK: Unbound for airport guard services.
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)
GR: Nationality condition for managers of
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
(CPC 922)
4)
F: Condition of nationality. However, third
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
(excluding insurance)
03\53745_1
1)
I: The offer and marketing of services
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
5
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 bookkeeping services
1.A d) Architectural services
(CPC 8671)
1)
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
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)
None, other than:
Architects (Québec): Citizenship
requirement for accreditation
1.D.b) Real estate services on a fee
or contract basis
(CPC 822)
03\53745_1
1)
Chartered Appraisers (Québec): Citizenship
requirement for use of title
6
1.D i*) Toll refining services - oil
(CPC 8845*)
Toll refining services - basic
metals
(CPC 8851)
2)
Toll Refining of Basic Metals (Ontario):
Must be treated or refined in Canada
4. B. Wholesale trade services
4. D. Franchising
None, other than:
Marketing of Fish Products (Nova Scotia):
Nova Scotia residents require ministerial approval
to enter into agreements with non-residents
1)
Franchising related to
non-financial intangible assets
(CPC 8929*)
None, other than:
(Alberta): Service suppliers required to
designate a place within Alberta where they
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 coinsurance)
1)
d) Services auxiliary to
insurance (including broking and
agency services)
(CPC 8140)
None, other than:
Intermediation of insurance relating to
maritime shipping, commercial aviation,
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,
03\53745_1
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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
services
(CPC 642/3)
3)
2.C. o) o) Cellular mobile telephone
services.
3)
None, other than:
Sale of liquor on premises (Nova Scotia):
New licences require a majority approval in
a public vote
India
The service will be permitted to be provided
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
5(a)(ii)
1),2)
Reinsurance can be taken with foreign
reinsurers to the extent of the residual
uncovered risk after obligatory or statutory
placements domestically with Indian
insurance companies.
Insurance intermediation,
limited to reinsurance Ex.
5(a)(iii)
1),2)
Reinsurance of domestic risks can be placed
with foreign reinsurers through overseas
brokers, to the extent mentioned under
reinsurance and retrocession
03\53745_1
8
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
lawyer qualified as "Bengoshi"
under Japanese law
(CPC 861)
1)
2.C.o) a) Voice telephone services
(CPC 7521**)
1)
Services must be supplied by a natural
person.
Commercial presence is required.
Korea RP
b) Packet-switched data
transmission services
(CPC 7523**)
None except that the provision of all
services is subject to commercial
arrangements with licensed Korean service
suppliers
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
03\53745_1
9
(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
(CPC 6111, 61130, 61210, 63101,
63104 and 632, excluding animal
feed, livestock and other animal
in 63295)
3)
Department stores and shopping centers are
prohibited.
6. B. Refuse Disposal Services
3)
Refuse collection and transport service
suppliers may conduct business only within
the jurisdiction of the respective Regional
Environment Office which has granted them
approval for operation.
1),2),3)
Korea undertakes a standstill commitment for
limitations on market access, where specific
commitments are undertaken, in financial
services listed in this schedule as of 31
August 1997.
Industrial Refuse Disposal
Services
(CPC 9402#14)
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
by this schedule including
Insurance
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
03\53745_1
10
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)
3. General Construction Work
(CPC 5111, 5112, 5113, 5115,
5116, 512, 5131, 5132, 5133,
5136#9, 5137, 5139)
New licenses are issued during a specific
period every year.
Limits on contract amount per contract are
applied.
A compulsory subcontract system is applied.
Brazil
1. A. b) Accounting, auditing and
book-keeping
(CPC 862)
1. F. a) Advertising services
(CPC 871)
03\53745_1
1)
Unbound except that a foreign service
supplier may cede its name to Brazilian
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)
Foreign participation in the production is
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.
11
3. A. General Construction Work
for Buildings
(CPC 512)
3)
Access will be granted 5 years after
entering into force of Agreement
establishing the World Trade Organization.
No limitations after that date.
1. A. a) 1) Legal Services: practice
as or through a qualified US
lawyer
1)
For the following jurisdiction, the
following commitments apply: in (all states)
Services must be supplied by a natural
person
USA
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,
03\53745_1
12
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
jurisdiction where service
supplier is qualified as a
lawyer (such consultancy
excludes the following:
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.)
3)
For the following jurisdiction, the
following commitments apply: District of
Columbia, New Jersey, Minnesota, New York, Ohio
In-state office required
1. A. b) Accounting, Auditing and
Bookkeeping Services
3)
Sole proprietorships or partnerships are
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.
03\53745_1
13
1. A. g) Urban Planning & Landscape
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. F. k) Placement and Supply Services
of Personnel
3)
US citizenship is required for ownership of
employment agencies in Arkansas.
1. F. l) Investigation and Security
Services
3)
Permanent resident alien status or US
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
03\53745_1
14
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,
03\53745_1
15
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
7. A. d) Services auxiliary to
insurance:
(applicable to sub-sectors i),
ii) and iii) below)
03\53745_1
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.
1),3)
Non-resident licenses are not issued to
individuals not licensed in another US state
in Arkansas (agents, brokers, adjusters,
consultants), Connecticut (producers/
adjusters/appraisers/consultants/brokers/
reinsurance intermediary), Colorado
(producer, adjuster and reinsurance
intermediary), California (agents/brokers),
Delaware (broker/agent/reinsurance
intermediary), Georgia
16
(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.
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7. A. d. iii) Consultancy, Actuarial,
Risk Assessment, and Claim
Settlement Services
1),3)
Licenses are not issued to non-residents
in: Alabama (adjuster, solicitor, service
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
Derivative Products and Services
Related Thereto; Participation
in Securities Issues
1),2),3)
Federal law prohibits the offer or sale of
futures contracts on onions, options
contracts on onions, and options on futures
contracts on onions in the United States,
and services related thereto.
9. B. Travel Agencies and Tour
Operators
3)
Official tourism offices with diplomatic or
official status are not permitted to operate
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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
Auxiliary Transport Services:
Customs House Brokers
3)
Services must be supplied by a corporation,
association or partnership. One officer of
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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