There are however textual, contextual, and policy considerations that may
counter that argument. First, is the inconvenience that this question in the GATT
was settled by the Members in the Agreement itself by the inclusion of the explicit
Ad Note III. Reasoning a contrario one could argue that the failure to include an
analogous provision in the GATS cannot be attributed to forgetfulness and represents
a deliberate choice that Ad Note III should not apply to GATS.