WTO银联案法律读(英文).pptxVIP

Legal Issue;INTRODUCTION;Dispute Introduction;Preliminary Ruling;Payment Card Transactions;Two Business Models;Two Business Models;The Processing of Transactions;THE SERVICES AT ISSUE;Scope of the Services at Issue;The Services at Issue;CHINA’S SPECIFIC COMMITMENTS CONCERNING THE SERVICES AT ISSUE;Subsectors identified by the parties;China’s GATS Schedule VS. GATS Annex;The Panel’s Conclusion;MEASURES AT ISSUE;Measures at Issue;Existence of the Measures at Issue;THE UNITED STATES CLAIMS UNDER ART.XVI OF THE GATS;Claims of the Parties;(I) Did China make market access commitments in respect of the services at issue? (mode 1); the principle of mutual exclusivity; cross-reference;The services described in the two hyphens are separate and distinct from the services listed in the sectoral column with respect to subsectors (a) to (f). The text in the two hyphens is consistent with the view that this entry refers to the full market access commitment on mode 1 for subsectors (k) and (l) The services referred to in the two hyphens cannot constitute elements of the services encompassed under subsector (d). ? Unbound (no commitment) for (a) ~ (f), including (d) None (full commitment) for (k) and (l);Both parties agree that China has market access commitments in subsector (d) and mode 3 that apply to FFIs. The parties disagree on whether these commitments are limited to FFIs and on whether EPS suppliers are FFIs. China: FFIs cover only foreign banks and finance companies US: EPS suppliers are non-bank FFIs;(I) Did China make market access commitments in respect of the services at issue? (mode 3);The Panel considers that the term FFIs covers any foreign institutions that provide financial services classifiable under subsectors (a) to (f) In respect of services classified under subsector (d) and provided by FFIs, China has made a commitment on market access concerning mode 3. ? China is obligated to give EPS suppliers of other WTO Members access to its market, through c