. /.RESTRICTEDWORLD TRADE
ORGANIZATIONS/WPDR/W/12
9 March 2001
(01-1154)
Working Party on Domestic Regulation Original:  Spanish
COMMUNICATION FROM MEXICO
Disciplines on Domestic Regulation for Professional Services
Progress Regarding Consultations with Professional Sectors
The following communication has been received from the delegation of Mexico with the
request that it be circulated to the Members of the Working Party on Domestic Regulation.
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Reference is made to the agreement reached by the Working Party on Domestic Regulation
(WPDR) at its formal meeting on 14 July 1999, which established the voluntary process of
consultations with competent domestic bodies and authorities in the various professions, as identified
in Section 1.A of document MTN.GNS/W/120.
In this regard, and in accordance with the procedure established in paragraph 4 of the format
suggested by the delegation of Hong Kong, China, the Permanent Mission of Mexico has the honour
to hereby notify the WPDR of the progress made in these consultations:
1. Are there any elements of the disciplines which you feel need to be strengthened?  If
so, please set them out and why.
(a) Equivalency of education and academic agreements in the field of medicine,
supported by reciprocity agreements, are considered useful both for raising the profile
of educational institutions and for the benef it of students.  However, in the experience
of some Mexican universities it has happened that certain countries do not accept
academic equivalency and exchange agreements, and this lack of reciprocity is seen
by those institutions as an obstacle to accepting the application of these disciplines tomedicine.  Although this argument rein forces the need for the agreement, this
situation must be cited since the importance of basing the exchange of professional
services on the principle of reciprocity between countries needs to be re-emphasized.
(b) In view of the above, it would be advisable for the WPDR to elaborate further on the
issue of mutual recognition agreements provided for in paragraph 21 of theAccountancy Disciplines, rather than simply indicating the need to take note of such
agreements.  Thus, in the work carried out by the WPDR, the principle of reciprocity
between countries, applied to the exchange of professional services, must be taken
fully into consideration.
(c) The architects' professional association considers that any eventual disciplines for
architecture should include limitations on practising the profession and proposes the
following:  "The professional practice of architects outside their own country who
have been authorized to practice in a host country, is limited to the provision ofS/WPDR/W/12
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services which local architects are authorized to provide, and they may only provide
services which they are legally authorized to provide in their own country".
(d) The architects also indicated that the set of disciplines needed to include the principle
of reciprocity in the profession and to be based on equal treatment as between
architects.
2. Are there any points or areas which you consider are missing from the disciplines and
which you feel should be included?  If so, please indicate clearly what these are and
why they should be included.
(a) In accordance with the previous answer, and since it is not specifically defined, any
eventual disciplines must contain references to the principle of reciprocity for the
exchange of professional services.
(b) The architects' professional association indicated that the general disciplines under
consideration could be extended to architecture, provided the following specific
elements were added:
(i) Local knowledge of the place in which the architect wishes to practice is
essential and must therefore be a prior requirement to being able to practicein a jurisdiction outside that in which the architect obtained a licence,
qualification or certificate;  and
(ii) the scope of the practice of architecture must be clearly established in any
document to be used internationally.
3. Are there any elements of the disciplines which you consider are not appropriate for
your profession?  If so, please set out  which and why you consider they are
inappropriate.  Please also suggest wh at changes would make them appropriate.
(a) It must be established that no architect seeking to practice abroad would be required
to pass an examination in the country in question.  In this regard, it should beremembered that the Accountancy Disciplines allow the possibility of an examination
requirement for professionals seeking authorization to practice in a different
jurisdiction to their own.  Furthermore, the disciplines do not specify who would
conduct these examinations nor what their legal basis would be.
(b) With regard to the examinations referred to in the section on qualification procedures,
clause VII, 23, the provisions do not apply to some professions such as engineering.
Consequently, the following draft for this point has been proposed:"23.  Examinations, if required, shall be scheduled …".
The comments and replies set out above are without prejudice to Mexico's position on the
work and discussions being pursued in the WPDR on the development of the general disciplines
provided for in Article VI of the General Agreemen t on Trade in Services.  Mexico reserves the right,
in the future and in the coming discussions, to make further comments or take other positions inaccordance with its interests.
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