2. Article XVI:1 of the GATS – Conditional Appeal88. The United States requests that the Appellate Body uphold the Panel's finding that the only limitations falling within the scope of Article XVI of the GATS are those listed in paragraph 2 of Article XVI. According to the United States, Article XVI:2, on its face, exhaustively defines, by means of a "closed list", the limitations that cannot be maintained by a Member that undertook a full market access commitment. If, as Antigua suggests, Article XVI:1 alone prohibits any limitation to the supply of services in the market of a Member, then all limitations would be covered by this Article. Such an interpretation would render Article XVI:2 ineffective. Therefore, the United States requests the Appellate Body to find that the Panel did not err in its interpretation of the relationship between Article XVI:1 and XVI:2 of the GATS. 3. Article XVI:2(a) and XVI:2(c) of the GATS – Measures Aimed at Consumers89. The United States supports the Panel's interpretation that sub-paragraphs (a) and (c) of Article XVI:2 do not cover measures addressed to consumers of services rather than to service suppliers or output. The United States emphasizes that sub-paragraphs (a) and (c) of Article XVI:2 cover only the limitations that are precisely mentioned in their text—limitations on service suppliers, operations, or output—and that a prohibition on consumers should not be read into the text of that provision. Therefore, the United States requests the Appellate Body to uphold the Panel's conclusion that sub-paragraphs (a) and (c) of Article XVI:2 do not cover measures directed towards consumers of services.
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