domicile requirements, and ownership restrictions. The majority of WTO Members have made
no commitments in environmental services in their national schedules.
To improve the provision of environmental services, negotiators should seek full commitments
in all the environmental service categories and remove limitations imposed on providers. The
nature of the environmental services industry requires that negotiators address not only
environmental services commitments in traditional subsectors, but that they expand and remove
limitations on their commitments in architectural, engineering, and construction services.
National commitments to cross border trade of architectural, engineering and construction
services tend to limit market access and discriminate against foreign service providers.
Furthermore, negotiators should seek commitments that allow the provision of engineering
operations and maintenance as a component of environmental services. Negotiators should also
seek to reduce tariffs on equipment used in the design, building, and implementation of
environmental services.
Trade Barriers
US environmental services firms face significant barriers abroad. Domestic laws and regulations
that govern components of the environmental services market create barriers to market entry and
thus limit competition. To minimize such barriers, governments should subject laws and
regulations to public comment procedures to ensure they are as least burdensome as possible and
do not create unnecessary obstacles to the provision of environmental services. Governments
should commit to transparency in the process of developing domestic regulations.
Regulations that constrain a firm to particular forms of commercial presence can raise costs for
environmental service suppliers. Requirements for "majority share" ventures can constrain the
flexibility of a non national firm, and hinder their ability to put together the most effective
technical team when bidding for projects. Ownership, incorporation, and geographic regulations
raise market entry barriers, and foreign remittance constraints create obstacles to operating
locally. Subsidies provided to national environmental services firms, sometimes in the form of
linkages with foreign aid, distort the playing field for firms bidding on environmental services
projects. Governments should rationalize domestic regulations to reduce market barriers and
minimize the use of subsidies.
Municipal governments are often the purchasers of environmental services; therefore, the
government procurement regulations and the transparency of these regulations have a direct
effect on US firms ability to compete with other international or national firms. Procurement
restrictions sometimes prohibit or limit non national firms participation in bidding for
environmental services projects. Competitive calls to bid many times lack transparency in
procedure and announcement. These issues need to be addressed through the formulation of
government procurement rules for services.
Professional service providers including architects, engineers and operating technicians represent
a key link in the provision of integrated environmental services. Restrictions on professionals
entry into a market, the duration of their stay, and nationality impede US firms. Quantitative
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