CARIFORUM and UK EPA Study

7.18 CARIFORUM-UK Investment Relations

The conditions of market access for CARIFORUM services providers under the CARIFORUM UK EPA do not appear to be very onerous in relation to commercial establishment, as CARIFORUM services providers are able to conduct commercial establishment activities across the majority of sectors. However, as indicated previously, there are limitations on the provision of public utilities, which may be subject to public monopolies or exclusive rights for private operators. There are also specific limitations on the legal form of banking and financial services entities that can act as depositories of the assets of investment funds, or that are allowed to manage unit trusts and investment companies. In addition, there are also general limitations on the legal form of CARIFORUM firms that may supply services in the UK with the treatment available to CARIFORUM subsidiaries not extended to branches or agencies of CARIFORUM firms located in the UK. There are also nationality restrictions, which are linked to the supply of maritime transportation services, with the acquisition and ownership of UK flagged vessels reserved for majority British ownership. There are also limitations on the participation of energy producing countries in certain sectors, with countries such as Trinidad and Tobago, and now more recently Guyana, likely to be prohibited from undertaking foreign direct investment in specific energy supplying and energy dependent sectors within the UK. ENTs have also been imposed on the establishment of doctors under the UK’s NHS system, while specific performance obligations are also applicable to providers of Sales and Marketing services and operators of Computer Reservation Systems, which appear to be aimed at breaking any linkage between the provision of such services from that of Airline operations.

On the other hand, the UK’s ability to undertake Mode 3 commercial establishment within

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