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For example, inadequate protection of intellectual property rights can deter foreign services suppliers from establishing a presence in an economy. From a measurement perspective, the “more than necessary” or restrictive component of regulation needs to be determined. In practice, this is achieved by measuring the difference between the level of regulation that is “necessary” (or optimal) and the total level of regulation. This difference can be considered a restriction on trade in services. This approach is practical, given the many constraints that come with international comparisons of regulation, but a number of qualifications need to be made.

Under this approach, a benchmark is chosen and compared with the gross operating margins of services suppliers. The higher gross operating margins are suggestive of higher restrictions. A scaling factor is used to calculate a tariff equivalent. For the ten services sectors studied, the results generally show high margins in finance and hotels and lower margins in distribution and consulting services. Under the gravity model approach, the “natural level” of bilateral services trade without restrictions is estimated and compared with the “actual level” of services trade with restrictions.

2000) and Nguyen-Hong (2000) collected information on restrictions for services sectors from the Asia-Pacific Economic Cooperation (APEC), the International Monetary Fund (IMF), the World Bank, the WTO, the OECD, the United States Trade Representative (USTR) and many other sources. Common types of restrictions in services sectors were identified and an index based on the level of restrictiveness or openness was developed and then calculated. The extent of the collection of information on restrictions and the sophistication of the index are the major differences among these studies.

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