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GATS TRAINING MODULE: CHAPTER 3

A Closer Look at Domestic Regulation

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3.3 Potentially Relevant Principles

The WPDR has been reviewing principles that could form a framework for regulatory development:

a) Necessity

Domestic regulations should not be more trade restrictive or burdensome than necessary to achieve a specific, legitimate objective. Without a clear statement of purpose, it would be difficult to measure the effectiveness of a regulation after implementation.

b) Transparency

Information on regulatory principles and process should be accessible to all parties concerned. Relevant criteria include:

• Reasonable advance notice before implementation
• Public availability to service suppliers — easy to find, easy to read
• Specification of reasonable time periods for responding to applications
• Information provided as to why an application was declined
• Information provided on procedures for review of administrative decisions

c) Equivalence

Account should be taken of relevant qualifications and experience a supplier may have obtained abroad.

d) International Standards

Acceptance of international standards could facilitate the evaluation of qualifications obtained abroad.

Other principles that have been raised for discussion include: impartial application; proportionality (any penalties for non-performance should bear a reasonable relationship to the risks involved); regular review process; minimization of the administrative burden involved; and objective criteria, linked to international standards.

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