and insurance intermediation (brokerage and agency) services related to
these types of insurance by clients located abroad, without regard to whether
the foreign insurance supplier is registered in the consumer country.
2. For life and non life reinsurance
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the following additional specific
commitments are to be included in the schedule:
(a) Elimination of mandatory cessions imposed on insurance suppliers to
cede all or a portion of their risks to specified insurance or reinsurance
suppliers;
(b) Elimination of any requirements that impose greater restrictions on the
percentage of cessions to foreign reinsurance suppliers than to domestic
reinsurance suppliers;
(c) Elimination of right of first refusal privileges for domestic reinsurance
suppliers;
(d) Elimination of discriminatory requirements imposed on foreign
reinsurance suppliers as they relate to collateralisation and localization
of assets;
(e) The abolition of reinsurance monopolies; and
(f) The guarantee of freedom of form of reinsurance and freedom of
reinsurance contract terms.
C. Market Access Commercial Presence
1. Form of establishment
(a) A foreign insurance supplier may establish a commercial presence by
setting up a subsidiary (either wholly or partly (majority) owned), or by
forming a new company, or through acquisition of an insurance supplier
already established in the host country or as a branch;
(b) In their regulatory approach to a foreign insurance supplier, the
countries shall have full regard for the relationship between such a
supplier and its parent company when the supplier enters into the
market;
(c)
Consistent with international intellectual property, business name
registration and trademark law, a licensed foreign insurance supplier
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The commitment should allow for differentiation on a least trade restrictive basis for life and non life reinsurance
market segments, consistent with the nature of risks assumed.
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