The Research On Rules Of Offshore Outsourcing Service In Gats Framework

The rapid development of offshore outsourcing service led by IT, which has been developing quickly as well, initiated a violent impact and challenges on GATS. As a result, the disadvantages of GATS becomes increasingly salient, such as, the distinction of electronic model problem of service, the lagging of services sectoral classification list, the difficulty of determining origin question of service, restrictions of offshore outsourcing service liberalization, and so on. All these problems have become bottleneck restricting the development of offshore outsourcing service.To develop offshore outsourcing service, we must improve the existing rules about it. An expedient to distinct offshore outsourcing service, before the GATS’members have an agreement on attributing the electronic transmission service to mode1or mode2, is to ensure all the members make the same or similar commitments in Modes1and2. As for services sectoral classification list, we should renew the GATS’ commitments according to new CPC1.1classification list first. Then, propose new regulations to related services in services sectoral classification list or regard the related services as investment in services has been provided for in the W/120. To affirm origin question of service, we must bring "Substantive inputs" and "Original country" into rules of question of service. At the same time, we can make a target of commitment to Cross-border transactions in ITO and BPO. Or more bold to make a commitment to ensure the widespread liberalization of cross-border transactions. For the related legislative defects and deficiencies surviving in offshore outsourcing service in China, as well as to adapt to the practical needs of the development of offshore outsourcing service in China, we should pay particular attention to plan and perfect relevant regulations on offshore outsourcing service, including the Personal Data Protection Act, Intellectual Property Law, tax lawmaking of offshore outsourcing service enterprises, Labor Law and so on. We should make efforts to creating a favorable domestic legal environment to undertake international offshore outsourcing service.