NEGOTIATION PROPOSAL

Proposed Annex to the Agreement on Trade in Services with Southern Africa

or, alternatively,

Proposed Reference Paper relating to Commitments on Legal Services

Scope

This [Annex] [Reference Paper] applies to legal services supplied by a service supplier in one

Member either through a commercial presence in the territory of any other Member, or through

the presence of natural persons in the territory of any other Member.

Definitions

For purposes of this [Annex] [Reference Paper]:

 Competent Authority  means, with respect to a Host Member, the governmental or judicial

authority, or the non governmental body, designated by that Host Member to exercise, or

recognized by that Host Member as competent to exercise, authority in respect of a Lawyer or

Law Firm maintaining or seeking to maintain an Establishment in the Host Member.

 Establishment  means a Lawyer or Law Firm (together with, where applicable, a Host

Member's duly authorized legal professionals) established in a Host Member for the purpose of

supplying legal services.

 Home Member  of a Lawyer or Law Firm means that Member (a) in which that Lawyer or Law

Firm has a presence and conducts a substantial and regular professional legal practice, and (b)

which that Lawyer or Law Firm designates as his, her or its Home Member.

 Host Member  means, in respect of a Lawyer or Law Firm, any Member, other than the Home

Member, in which that Lawyer or Law Firm maintains or seeks to maintain an Establishment.

 Lawyer  means a person who (a) is duly admitted or licensed by a Home Member to practice,

and is in good standing in that Home Member, as an attorney or counselor at law or the

equivalent, and (b), as such, is subject to effective regulation and discipline by a duly constituted

professional body or public authority in that Home Member.

 Law Firm  means an association or entity that is owned and controlled exclusively by Lawyers

(together with, where applicable, a Host Member's duly authorized legal professionals) and that,

under the applicable laws or rules of its Home Member, is entitled to supply professional legal

services to the public.

The term  legal services  means services supplied by a Lawyer or Law Firm (together with,

where applicable, a Host Member's duly authorized legal professionals), including advice and

assistance relating to litigation, the resolution of disputes, the negotiation and preparation of

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