Common use of Other Business Services Clause in Contracts

Other Business Services. Services Incidental to Mining (883) Oil and Gas Exploration and Development 1) Unbound* 2) None 1) Unbound* 2) None PHILIPPINES – SCHEDULE OF SPECIFIC SERVICES COMMITMENTS Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments 3) Up to 100 percent foreign equity participation is allowed provided there is President’s approval. The Constitution allows the President to enter into service contract agreement with foreign-owned corporation for technical, financial or other forms of assistance involving large-scale exploration, development and utilization of petroleum. Limitations listed in the horizontal section also apply. 3) None Limitations listed in the horizontal section also apply. PHILIPPINES – SCHEDULE OF SPECIFIC SERVICES COMMITMENTS Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Geothermal Exploration and Development 1) Unbound* 2) None 3) Up to 40 percent foreign equity participation is allowed. Limitations listed in the horizontal section also apply. 1) Unbound* 2) None 3) None Limitations listed in the horizontal section also apply. Coal Exploration and Development 1) Unbound* 2) None 3) Up to 40 percent foreign equity participation is allowed. Limitations listed in the horizontal section also apply. 1) Unbound* 2) None 3) None Limitations listed in the horizontal section also apply. PHILIPPINES – SCHEDULE OF SPECIFIC SERVICES COMMITMENTS Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Services Related to Energy Distribution (CPC 887) Energy distribution networks such as pipelines for transmission, distribution and supply of natural gas, and power transmission and distribution systems 1) Unbound* 2) None 3) Up to 40 percent foreign equity participation is allowed. Limitations listed in the horizontal section also apply. 1) Unbound* 2) None 3) None, except as indicated in the horizontal section. Services Related to Power Generation Construction of Power Plants (as provided for under the BOT scheme) 1) Unbound* 2) None 3) Up to 100 percent foreign equity is allowed under the BOT scheme. However, a Special Contractor’s License is required to undertake construction activities. Limitations listed in the horizontal section also apply. 1) Unbound* 2) None 3) A Contractor’s License (Regular or Special) issued by the Philippine Contractors Accreditation Board (PCAB) is required to undertake construction activities. A. The Regular Contractor’s License is reserved for, and PHILIPPINES – SCHEDULE OF SPECIFIC SERVICES COMMITMENTS Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments issued only to, Filipino sole proprietorships or partnerships/corporations with at least 60 percent Filipino equity and duly organized and existing under and by virtue of Philippine laws. B. A Special Contractor’s License may be given to foreign companies on a project-to-project basis such as BOT. Limitations listed in the horizontal section also apply. Operation of power plants (as provided for under the BOT scheme) 1) Unbound * 2) None 3) None, except that electric cooperative operation is limited to Filipinos. 1) Unbound * 2) None 3) None, except as indicated in the horizontal section. PHILIPPINES – SCHEDULE OF SPECIFIC SERVICES COMMITMENTS Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Limitations listed in the horizontal section also apply. Pipeline Transport (713) 1) Unbound* 2) None 3) Up to 40 percent foreign equity participation is allowed. Limitations listed in the horizontal section also apply. 1) Unbound* 2) None 3) None, except as indicated in the horizontal section.

Other Business Services. Services Incidental to Mining (883) Oil and Gas Exploration and Development 1) Unbound* 2) None 1) Unbound* 2) None PHILIPPINES – SCHEDULE OF SPECIFIC SERVICES COMMITMENTS Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments 3) Up to 100 percent foreign equity participation is allowed provided there is President’s approval. The Constitution allows the President to enter into service contract agreement with foreign-owned corporation for technical, financial or other forms of assistance involving large-scale exploration, development and utilization of petroleum. Limitations listed in the horizontal section also apply. 3) Unbound* None None Limitations listed in the horizontal section also apply. PHILIPPINES – SCHEDULE OF SPECIFIC SERVICES COMMITMENTS Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Geothermal Exploration and Development 1) Unbound* 2) None 3) Up to 40 percent foreign equity participation is allowed. Limitations listed in the horizontal section also apply. 1) Unbound* 2) None 3) None Limitations listed in the horizontal section also apply. Coal Exploration and Development 1) Unbound* 2) None 3) Up to 40 percent foreign equity participation is allowed. Limitations listed in the horizontal section also apply. 1) Unbound* 2) None 3) None Limitations listed in the horizontal section also apply. PHILIPPINES – SCHEDULE OF SPECIFIC SERVICES COMMITMENTS Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Services Related to Energy Distribution (CPC 887) Energy distribution networks such as pipelines for transmission, distribution and supply of natural gas, and power transmission and distribution systems 1) Unbound* 2) None 3) Up to 40 percent foreign equity participation is allowed. Limitations listed in the horizontal section also apply. 1) Unbound* 2) None 3) None, except as indicated in the horizontal section. Services Related to Power Generation Construction of Power Plants (as provided for under the BOT scheme) 1) Unbound* 2) None 3) Up to 100 percent foreign equity is allowed under the BOT scheme. However, a Special Contractor’s License is required to undertake construction activities. Limitations listed in the horizontal section also apply. 1) Unbound* 2) None 3) A Contractor’s License (Regular or Special) issued by the Philippine Contractors Accreditation Board (PCAB) is required to undertake construction activities. A. The Regular Contractor’s License is reserved for, and PHILIPPINES – SCHEDULE OF SPECIFIC SERVICES COMMITMENTS Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments issued only to, Filipino sole proprietorships or partnerships/corporations with at least 60 percent Filipino equity and duly organized and existing under and by virtue of Philippine laws. B. A Special Contractor’s License may be given to foreign companies on a project-to-project basis such as BOT. Limitations listed in the horizontal section also apply. Operation of power plants (as provided for under the BOT scheme) 1) Unbound * 2) None 3) None, except that electric cooperative operation is limited to Filipinos. Limitations listed in the horizontal section also apply. 1) Unbound * 2) None 3) None, except as indicated in the horizontal section. PHILIPPINES – SCHEDULE OF SPECIFIC SERVICES COMMITMENTS Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Limitations listed in the horizontal section also apply. Pipeline Transport (713) 1) Unbound* 2) None 3) Up to 40 percent foreign equity participation is allowed. Limitations listed in the horizontal section also apply. 1) Unbound* 2) None 3) None, except as indicated in the horizontal section. COMMUNICATION SERVICES All subsectors 3) No franchise, certificate, or any other form of authorization for the operation of a public utility shall be granted except to citizens of the Philippines or to corporations or associations organized under the laws of the Philippines at least 60 per cent of whose capital is owned by such citizens 3) Limitations listed in the horizontal section shall apply.

Other Business Services. Advertising Services (CPC 8711, 8712, 8719) Unbound except as indicated under this Horizontal Section. Market Research Services (CPC 86401) Unbound except as indicated under this Horizontal Section. Public Opinion Polling Services (CPC 86402) Unbound except as indicated under this Horizontal Section. Categories of Natural Persons Conditions and Limitations Management consulting services: a. covering advisory, guidance and operational assistance services concerning management of the transmission of non-conventional energy (CPC 8650*) b. covering advisory, guidance and operational assistance on environmental management services including risk assessment services (CPC 8650*) c. covering advisory and guidance in the field of pharmacy as follows: - Basic material manufacturing consultancy in the manufacture of drugs in raw material form; - New systems of drug delivery; - Biotechnology-new techniques for influencing the process and products of living cells; - New techniques in drug development and methods of producing drugs and vaccine; and - Vaccine production (CPC 8650*) d. covering advisory and guidance on International Value-Added Network Services, rural telecom development and human resource development in telecommunications (CPC 8650*) Unbound except as indicated under this Horizontal Section. Project Management Services Other than for Construction (CPC 86601) Unbound except as indicated under this Horizontal Section. Technical Testing and Analysis Services (CPC 8676 except 86764) Unbound except as indicated under this Horizontal Section. Services incidental to agriculture and fishing (CPC 881*, 882*) covering only specialised consultancy, advisory and operational assistance on crop and fisheries management, including, value- added services such as preservation techniques, etc. Unbound except as indicated under this Horizontal Section. Categories of Natural Persons Conditions and Limitations Services incidental to manufacturing (CPC 884, 885 except 88442) Unbound except as indicated under this Horizontal Section. Services Incidental to Mining (883) Oil and Gas Exploration and Development 1) Unbound* 2) None 1) Unbound* 2) None PHILIPPINES – SCHEDULE OF SPECIFIC SERVICES COMMITMENTS Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments 3) Up to 100 percent foreign equity participation is allowed provided there is President’s approval. The Constitution allows the President to enter into service contract agreement with foreign-owned corporation for technical, financial or other forms of assistance involving large-scale exploration, development and utilization of petroleum. Limitations listed in the horizontal section also apply. 3) None Limitations listed in the horizontal section also apply. PHILIPPINES – SCHEDULE OF SPECIFIC SERVICES COMMITMENTS Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Geothermal Exploration and Development 1) Unbound* 2) None 3) Up to 40 percent foreign equity participation is allowed. Limitations listed in the horizontal section also apply. 1) Unbound* 2) None 3) None Limitations listed in the horizontal section also apply. Coal Exploration and Development 1) Unbound* 2) None 3) Up to 40 percent foreign equity participation is allowed. Limitations listed in the horizontal section also apply. 1) Unbound* 2) None 3) None Limitations listed in the horizontal section also apply. PHILIPPINES – SCHEDULE OF SPECIFIC SERVICES COMMITMENTS Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Services Related to Energy Distribution (CPC 887) Energy distribution networks such as pipelines for transmissionConsulting services related to the advisory, distribution guidance and supply operational assistance concerning management of natural gasthe transmission of non-conventional energy, power plant and power transmission and distribution systems 1) Unbound* 2) None 3) Up to 40 percent foreign equity participation is allowednetwork. Limitations listed in the horizontal section also apply. 1) Unbound* 2) None 3) None, Unbound except as indicated in the horizontal sectionunder this Horizontal Section. Executive Search Services Related to Power Generation Construction of Power Plants (as provided for under the BOT scheme) 1) Unbound* 2) None 3) Up to 100 percent foreign equity is allowed under the BOT scheme. However, a Special Contractor’s License is required to undertake construction activities. Limitations listed in the horizontal section also apply. 1) Unbound* 2) None 3) A Contractor’s License (Regular or Special) issued by the Philippine Contractors Accreditation Board (PCAB) is required to undertake construction activities. A. The Regular Contractor’s License is reserved for, and PHILIPPINES – SCHEDULE OF SPECIFIC SERVICES COMMITMENTS Modes of supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments issued only to, Filipino sole proprietorships or partnerships/corporations with at least 60 percent Filipino equity and duly organized and existing under and by virtue of Philippine laws. B. A Special Contractor’s License may be given to foreign companies on a project-to-project basis such as BOT. Limitations listed in the horizontal section also apply. Operation of power plants (as provided for under the BOT scheme) 1CPC 87201) Unbound * 2) None 3) None, except that electric cooperative operation is limited to Filipinos. 1) Unbound * 2) None 3) None, except as indicated in the horizontal sectionunder this Horizontal Section. PHILIPPINES – SCHEDULE OF SPECIFIC SERVICES COMMITMENTS Modes of supply: Alarm Monitoring Services (1CPC 87303) Cross-border supply (2) Consumption abroad (3) Commercial presence Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Limitations listed in the horizontal section also apply. Pipeline Transport (713) 1) Unbound* 2) None 3) Up to 40 percent foreign equity participation is allowed. Limitations listed in the horizontal section also apply. 1) Unbound* 2) None 3) None, Unbound except as indicated under this Horizontal Section. Subsurface Surveying Services (CPC 86752) covering offshore 3-D seismic site surveys – 3-D seismic site surveys offshore in support of resource exploration and development Surface Surveying Services (CPC 86753) covering building surveying services only in the horizontal sectionprovision of the survey of buildings in the investigation and assessment of the construction, condition and dilapidation of building(s), including diagnosis of building defects, costs of repair and guidance on remedial works for the commercial and industrial sub-sector of the property (real estate) sector Unbound except as indicated under this Horizontal Section. Surface Surveying Services (CPC 86753) covering quantity surveying (cost engineering) specialist services in the provision of arbitration/litigation, tax depreciation, pre or post contract audits, technical due diligence, resource analysis, construct ability analysis Unbound except as indicated under this Horizontal Section. Maintenance and repair of equipment (not including maritime vessels, aircraft or other transport equipment) (CPC 8866) covering medical, precision and Unbound except as indicated under this Horizontal Section. Categories of Natural Persons Conditions and Limitations optical instruments, watches, and clocks Building Cleaning Services (CPC 8741) covering disinfecting and exterminating services Unbound except as indicated under this Horizontal Section. Specialty photography except aerial photography (CPC 875*) Unbound except as indicated under this Horizontal Section. Packaging Services (CPC 8760), excluding services that consist solely of printing information on packaging materials Unbound except as indicated under this Horizontal Section. Printing and publishing covering book binding services (CPC 88442**) Unbound except as indicated under this Horizontal Section. Convention centre (CPC 87909) (convention and exhibition management services covering the provision of planning, organisational, management and marketing services or conventions and other similar events for convention centres and other similar events) Unbound except as indicated under this Horizontal Section. Translation and Interpretation Services (CPC 87905) Translation and interpretation services are subject to domestic regulation. Student placement services (CPC 87909), covering promoting, recruiting, and facilitating students for studies outside Malaysia Unbound except as indicated under this Horizontal Section. Operational headquarters (OHQ) services (CPC 87909) covering general management and administration, business planning, procurement of raw materials, technical support, marketing control and sales promotion planning, training and personnel management, provision of treasury and fund management services and research and development carried out by a company in Malaysia for its offices and related companies outside Malaysia Unbound except as indicated under this Horizontal Section. COMMUNICATIONS SERVICES Categories of Natural Persons Conditions and Limitations Courier Services (CPC 7512) Unbound except as indicated under this Horizontal Section.