Barriers
to Financial Services Trade
Contribution to Financial Services Leaders Group
Hong Kong Coalition of Service Industries
June 2001
The following is an incomplete inventory of barriers to trade in financial services compiled by the Hong Kong Coalition of Service Industries from its Services 2000 Study.
The list reflects the interests of members of the HKCSI. It is not an exhaustive listing. It should be noted that regulatory frameworks of individual countries and their applications may change according to circumstances.
India
Our survey has revealed trade restrictions of a general nature encountered in the following areas:
| Limits on foreign equity ownership |
| Restrictions on scope of business |
| Restrictions on number of branches |
| Restrictions on composition of local partners |
| Restrictions on number of operating licences |
| Discriminatory tax |
| Government subsidy to local firms |
| Restrictions on ownership of land |
| Discriminatory licensing requirements |
| State procurement policy |
| Quotas on foreign service |
| Local content rules |
| Flexibility in hiring/dismissing workers |
| Double-income taxation |
| Inquiry points for laws/regulations |
| Set up EDI facilities |
| Burdensome domestic regulations |
| E-commerce regulation |
| Simplify customs clearance |
| Unify product safety standards |
| Export restrictions |
| Travel restrictions (duration/currency) |
| Restrictions on profit repatriation |
Japan
Respondents to our study reported restrictions in the following sectors:
The detailed nature of the trade restrictions are as follows:
| Clearing/settlement/custodian | Restrictions on minimum capital requirement |
| Limits on foreign equity ownership | |
| Restrictions on scope of business | |
| Restrictions on number of branches | |
| Restrictions on composition of local partners | |
| Restrictions on number of operating licences | |
| Unreasonable qualification requirements | |
| Recognition of qualified professionals | |
| Discriminatory tax | |
| Discriminatory licensing requirements | |
| Quotas on foreign service | |
| Local content rules | |
| Double-income taxation | |
| Inquiry points for laws/regulations | |
| Restrictions on transfer of information | |
| Transparency of court rulings | |
| Set up EDI facilities | |
| Restrictions on marketing channels | |
| Burdensome domestic regulations | |
| Intellectual property rights enforcement | |
| Competition law enforcement | |
| E-commerce regulation | |
| Simplify customs clearance | |
| Travel restrictions (duration/currency) | |
| Restrictions on profit repatriation | |
| Funds management | Restrictions on scope of business |
| Unreasonable qualification requirements | |
| Recognition of qualified professionals | |
| Discriminatory tax | |
| Discriminatory licensing requirements | |
| Residency requirement | |
| Inquiry points for laws/regulations | |
| Travel restrictions (duration/currency) | |
| Restrictions on profit repatriation | |
| Insurance | Restrictions on scope of business |
| Unreasonable qualification requirements | |
| Recognition of qualified professionals | |
| Quota of foreign work visas | |
| Duration of stay | |
| Procedure for obtaining visa | |
| Discriminatory tax | |
| Discriminatory licensing requirements | |
| Residency requirement | |
| Double-income taxation | |
| Inquiry points for laws/regulations | |
| Restrictions on marketing channels | |
| Competition law enforcement | |
| Simplify customs clearance | |
| Unify product safety standards | |
| Speed up certification/testing | |
| Travel restrictions (duration/currency) | |
| Restrictions on profit repatriation | |
| Lending (loans, mortgage, leases) | Restrictions on scope of business |
| Quota of foreign work visas | |
| Duration of stay | |
| Procedure for obtaining visa | |
| Double-income taxation | |
| Restrictions on marketing channels | |
| Competition law enforcement | |
| Simplify customs clearance | |
| Unify product safety standards | |
| Speed up certification/testing | |
| Travel restrictions (duration/currency) | |
| Trading (securities, derivatives, forex) | Restrictions on minimum capital requirement |
| Limits on foreign equity ownership | |
| Restrictions on scope of business | |
| Restrictions on number of branches | |
| Restrictions on composition of local partners | |
| Restrictions on number of operating licences | |
| Unreasonable qualification requirements | |
| Recognition of qualified professionals | |
| Discriminatory tax | |
| Discriminatory licensing requirements | |
| Double-income taxation | |
| Inquiry points for laws/regulations | |
| Restrictions on transfer of information | |
| Transparency of court rulings | |
| Set up EDI facilities | |
| Restrictions on marketing channels | |
| Burdensome domestic regulations | |
| Intellectual property rights enforcement | |
| Competition law enforcement | |
| E-commerce regulation | |
| Simplify customs clearance | |
| Travel restrictions (duration/currency) | |
| Restrictions on profit repatriation |
Korea
Respondents to our study reported restrictions in the following sectors:
Details of these trade restrictions are as follows:
| Advisory (credit ref, portfolio advice) | Restrictions on minimum capital requirement |
| Limits on foreign equity ownership | |
| Restrictions on scope of business | |
| Restrictions on number of branches | |
| Restrictions on composition of local partners | |
| Restrictions on number of operating licences | |
| Unreasonable qualification requirements | |
| Quota of foreign work visas | |
| Double-income taxation | |
| Inquiry points for laws/regulations | |
| Set up EDI facilities | |
| Restrictions on profit repatriation | |
| Clearing/settlement/custodian | Restrictions on minimum capital requirement |
| Limits on foreign equity ownership | |
| Restrictions on scope of business | |
| Restrictions on number of branches | |
| Restrictions on composition of local partners | |
| Restrictions on number of operating licences | |
| Unreasonable qualification requirements | |
| Recognition of qualified professionals | |
| Quota of foreign work visas | |
| Discriminatory tax | |
| Discriminatory licensing requirements | |
| Quotas on foreign service | |
| Local content rules | |
| Double-income taxation | |
| Inquiry points for laws/regulations | |
| Restrictions on transfer of information | |
| Transparency of court rulings | |
| Set up EDI facilities | |
| Restrictions on marketing channels | |
| Burdensome domestic regulations | |
| Intellectual property rights enforcement | |
| Competition law enforcement | |
| E-commerce regulation | |
| Simplify customs clearance | |
| Travel restrictions (duration/currency) | |
| Restrictions on profit repatriation | |
| Insurance | Restrictions on minimum capital requirement |
| Limits on foreign equity ownership | |
| Restrictions on scope of business | |
| Restrictions on number of branches | |
| Restrictions on composition of local partners | |
| Restrictions on number of operating licences | |
| Unreasonable qualification requirements | |
| Recognition of qualified professionals | |
| Quota of foreign work visas | |
| Duration of stay | |
| Procedure for obtaining visa | |
| Double-income taxation | |
| Transparency of court rulings | |
| Set up EDI facilities | |
| Restrictions on marketing channels | |
| Intellectual property rights enforcement | |
| Competition law enforcement | |
| E-commerce regulation | |
| Simplify customs clearance | |
| Travel restrictions (duration/currency) | |
| Lending (loans, mortgage, leases) | Restrictions on minimum capital requirement |
| Limits on foreign equity ownership | |
| Restrictions on scope of business | |
| Restrictions on number of branches | |
| Restrictions on composition of local partners | |
| Restrictions on number of operating licences | |
| Unreasonable qualification requirements | |
| Recognition of qualified professionals | |
| Quota of foreign work visas | |
| Duration of stay | |
| Procedure for obtaining visa | |
| Double-income taxation | |
| Transparency of court rulings | |
| Restrictions on marketing channels | |
| Intellectual property rights enforcement | |
| Competition law enforcement | |
| E-commerce regulation | |
| Simplify customs clearance | |
| Travel restrictions (duration/currency) | |
| Trading (securities, derivatives, forex) | Restrictions on minimum capital requirement |
| Limits on foreign equity ownership | |
| Restrictions on scope of business | |
| Restrictions on number of branches | |
| Restrictions on composition of local partners | |
| Restrictions on number of operating licences | |
| Unreasonable qualification requirements | |
| Recognition of qualified professionals | |
| Quota of foreign work visas | |
| Duration of stay | |
| Procedure for obtaining visa | |
| Discriminatory tax | |
| Government subsidy to local firms | |
| Restrictions on ownership of land | |
| Discriminatory licensing requirements | |
| State procurement policy | |
| Quotas on foreign service | |
| Local content rules | |
| Minimum wage regulation | |
| Flexibility in hiring/dismissing workers | |
| Residency requirement | |
| Social security contribution | |
| Double-income taxation | |
| Inquiry points for laws/regulations | |
| Restrictions on transfer of information | |
| Transparency of court rulings | |
| Set up EDI facilities | |
| Restrictions on marketing channels | |
| Burdensome domestic regulations | |
| Intellectual property rights enforcement | |
| Competition law enforcement | |
| E-commerce regulation | |
| Simplify customs clearance | |
| Unify product safety standards | |
| Speed up certification/testing | |
| Export restrictions | |
| Travel restrictions (duration/currency) | |
| Restrictions on profit repatriation | |
| Underwriting/placement | Restrictions on minimum capital requirement |
| Limits on foreign equity ownership | |
| Restrictions on scope of business | |
| Restrictions on number of branches | |
| Restrictions on composition of local partners | |
| Restrictions on number of operating licences | |
| Unreasonable qualification requirements | |
| Quota of foreign work visas | |
| Double-income taxation | |
| Inquiry points for laws/regulations | |
| Set up EDI facilities | |
| Restrictions on profit repatriation |
Malaysia
Respondents to our study reported restrictions in the following sectors:
Details of these trade restrictions are as follows:
| Clearing/settlement/custodian | Restrictions on minimum capital requirement |
| Limits on foreign equity ownership | |
| Restrictions on scope of business | |
| Restrictions on number of branches | |
| Restrictions on composition of local partners | |
| Restrictions on number of operating licences | |
| Unreasonable qualification requirements | |
| Recognition of qualified professionals | |
| Discriminatory tax | |
| Discriminatory licensing requirements | |
| Quotas on foreign service | |
| Local content rules | |
| Double-income taxation | |
| Inquiry points for laws/regulations | |
| Restrictions on transfer of information | |
| Transparency of court rulings | |
| Set up EDI facilities | |
| Restrictions on marketing channels | |
| Burdensome domestic regulations | |
| Intellectual property rights enforcement | |
| Competition law enforcement | |
| E-commerce regulation | |
| Simplify customs clearance | |
| Travel restrictions (duration/currency) | |
| Restrictions on profit repatriation | |
| Deposit taking | Restrictions on minimum capital requirement |
| Limits on foreign equity ownership | |
| Restrictions on scope of business | |
| Restrictions on number of operating licences | |
| Burdensome domestic regulations | |
| Competition law enforcement | |
| Insurance | Restrictions on minimum capital requirement |
| Limits on foreign equity ownership | |
| Restrictions on scope of business | |
| Restrictions on number of operating licences | |
| Burdensome domestic regulations | |
| Competition law enforcement | |
| Trading (securities, derivatives, forex) | Restrictions on minimum capital requirement |
| Limits on foreign equity ownership | |
| Restrictions on scope of business | |
| Restrictions on number of branches | |
| Restrictions on composition of local partners | |
| Restrictions on number of operating licences | |
| Unreasonable qualification requirements | |
| Recognition of qualified professionals | |
| Discriminatory tax | |
| Discriminatory licensing requirements | |
| Quotas on foreign service | |
| Local content rules | |
| Double-income taxation | |
| Inquiry points for laws/regulations | |
| Restrictions on transfer of information | |
| Transparency of court rulings | |
| Set up EDI facilities | |
| Restrictions on marketing channels | |
| Burdensome domestic regulations | |
| Intellectual property rights enforcement | |
| Competition law enforcement | |
| E-commerce regulation | |
| Simplify customs clearance | |
| Travel restrictions (duration/currency) | |
| Restrictions on profit repatriation | |
| Underwriting/placement | Limits on foreign equity ownership |
| Restrictions on scope of business |
Singapore
Respondents to our study reported restrictions in the following sectors:
Details of these trade restrictions are as follows:
| Advisory (credit ref, portfolio advice) | Limits on foreign equity ownership |
| Restrictions on scope of business | |
| Restrictions on number of branches | |
| Unreasonable qualification requirements | |
| Discriminatory licensing requirements | |
| Clearing/settlement/custodian | Restrictions on scope of business |
| Restrictions on number of operating licences | |
| Government subsidy to local firms | |
| Discriminatory licensing requirements | |
| Social security contribution | |
| Burdensome domestic regulations | |
| Deposit taking | Restrictions on scope of business |
| Restrictions on number of operating licences | |
| Government subsidy to local firms | |
| Discriminatory licensing requirements | |
| Social security contribution | |
| Burdensome domestic regulations | |
| Funds management | Limits on foreign equity ownership |
| Restrictions on scope of business | |
| Restrictions on number of branches | |
| Restrictions on composition of local partners | |
| Restrictions on number of operating licences | |
| Unreasonable qualification requirements | |
| Recognition of qualified professionals | |
| Duration of stay | |
| Discriminatory tax | |
| Discriminatory licensing requirements | |
| Quotas on foreign service | |
| Residency requirement | |
| Inquiry points for laws/regulations | |
| Restrictions on marketing channels | |
| Travel restrictions (duration/currency) | |
| Restrictions on profit repatriation | |
| Insurance | Restrictions on scope of business |
| Unreasonable qualification requirements | |
| Recognition of qualified professionals | |
| Discriminatory tax | |
| Discriminatory licensing requirements | |
| Residency requirement | |
| Inquiry points for laws/regulations | |
| Travel restrictions (duration/currency) | |
| Restrictions on profit repatriation | |
| Lending (loans, mortgage, leases) | Limits on foreign equity ownership |
| Restrictions on scope of business | |
| Restrictions on number of branches | |
| Restrictions on composition of local partners | |
| Restrictions on number of operating licences | |
| Duration of stay | |
| Discriminatory tax | |
| Discriminatory licensing requirements | |
| Quotas on foreign service | |
| Restrictions on marketing channels | |
| Trading (securities, derivatives, forex) | Limits on foreign equity ownership |
| Restrictions on scope of business | |
| Restrictions on number of branches | |
| Restrictions on composition of local partners | |
| Restrictions on number of operating licences | |
| Unreasonable qualification requirements | |
| Recognition of qualified professionals | |
| Quota of foreign work visas | |
| Duration of stay | |
| Procedure for obtaining visa | |
| Discriminatory tax | |
| Government subsidy to local firms | |
| Restrictions on ownership of land | |
| Discriminatory licensing requirements | |
| State procurement policy | |
| Quotas on foreign service | |
| Local content rules | |
| Minimum wage regulation | |
| Flexibility in hiring/dismissing workers | |
| Residency requirement | |
| Social security contribution | |
| Double-income taxation | |
| Inquiry points for laws/regulations | |
| Restrictions on transfer of information | |
| Transparency of court rulings | |
| Set up EDI facilities | |
| Restrictions on marketing channels | |
| Burdensome domestic regulations | |
| Intellectual property rights enforcement | |
| Competition law enforcement | |
| E-commerce regulation | |
| Simplify customs clearance | |
| Unify product safety standards | |
| Speed up certification/testing | |
| Export restrictions | |
| Travel restrictions (duration/currency) | |
| Restrictions on profit repatriation | |
| Underwriting/placement | Restrictions on scope of business |
| Restrictions on number of branches |
Thailand
Respondents to our study reported restrictions in the following sectors:
Details of these trade restrictions are as follows:
| Advisory (credit ref, portfolio advice) | Restrictions on minimum capital requirement |
| Limits on foreign equity ownership | |
| Restrictions on scope of business | |
| Restrictions on number of branches | |
| Restrictions on composition of local partners | |
| Restrictions on number of operating licences | |
| Unreasonable qualification requirements | |
| Quota of foreign work visas | |
| Double-income taxation | |
| Inquiry points for laws/regulations | |
| Set up EDI facilities | |
| Restrictions on profit repatriation | |
| Clearing/settlement/custodian | Restrictions on minimum capital requirement |
| Limits on foreign equity ownership | |
| Restrictions on scope of business | |
| Restrictions on number of branches | |
| Restrictions on composition of local partners | |
| Restrictions on number of operating licences | |
| Unreasonable qualification requirements | |
| Quota of foreign work visas | |
| Double-income taxation | |
| Inquiry points for laws/regulations | |
| Set up EDI facilities | |
| Restrictions on profit repatriation | |
| Trading (securities, derivatives, forex) | Restrictions on minimum capital requirement |
| Limits on foreign equity ownership | |
| Restrictions on scope of business | |
| Restrictions on number of branches | |
| Restrictions on composition of local partners | |
| Restrictions on number of operating licences | |
| Unreasonable qualification requirements | |
| Quota of foreign work visas | |
| Discriminatory tax | |
| Double-income taxation | |
| Inquiry points for laws/regulations | |
| Set up EDI facilities | |
| Restrictions on profit repatriation | |
| Underwriting/placement | Restrictions on minimum capital requirement |
| Limits on foreign equity ownership | |
| Restrictions on scope of business | |
| Restrictions on number of branches | |
| Restrictions on composition of local partners | |
| Restrictions on number of operating licences | |
| Unreasonable qualification requirements | |
| Quota of foreign work visas | |
| Discriminatory tax | |
| Double-income taxation | |
| Inquiry points for laws/regulations | |
| Set up EDI facilities | |
| Restrictions on profit repatriation |