Mode 4 in the Cariforum-EU Economic Partnership Agreement (EPA)

1. Mode 4 in the Cariforum-EU Economic Partnership Agreement (EPA) Ramesh Chaitoo rnmsts@yahoo.ca WTO Symposium on Mode 4 of the GATS: Taking Stock and Moving On Geneva, September 22-23, 2008

2. Structure of Title on Services & Investment • Chap 1 - General provisions • Chap 2 - Commercial Presence (Investment) • Chap 3 - Cross Border Supply of services • Chap 4 - Temporary Presence of Natural Persons for Business Purpose • Chap 5 - Regulatory Framework (with sectoral rules)

3. Mode 4 Categories in EPA • Special categories of natural persons for temporary entry: • Key personnel (business visitors, managers, specialists) & graduate trainees • Business services sellers • Contractual services suppliers • Independent professionals • Short term visitors for business purposes

4. Key Personnel 'Business visitors' mean natural persons working in a senior position who are responsible for setting up a commercial presence. They do not engage in direct transactions with the general public and do not receive remuneration from a source located within the host Party. 'Intra-corporate transfers' mean natural persons who have been employed by a juridical person or have been partners in it for at least one year and who are temporarily transferred to a commercial presence in the territory of the other Party.

5. Graduate Trainees • Graduate trainees' means natural persons who have been employed by a juridical person for at least one year, possess a university degreeand are temporarily transferred to a commercial presence or to the parent company of the juridical person in the territory of the other Party, for career development purposes or to obtain training in business techniques or methods

6. 'Business services sellers' • means natural persons who are representatives of a service supplier of one Party seeking temporary entry into the territory of the other Party for the purpose of negotiating the sale of services or entering into agreements to sell services for that service supplier. They do not engage in making direct sales to the general public and do not receive remuneration from a source located within the host Party.

7. Contractual Service Suppliers Natural persons employed by a juridical person of a Party which has no commercial presence in the territory of the other Party and which has concluded a bona fide contract to supply services with a final consumer in the latter Party requiring the presence on a temporary basis of its employees in that Party in order to fulfil the contract to provide services.

8. Conditions for CSS • Stays for up to 6 months in a year or length of contract. (Contract limit of 12 months) • Must have worked for at least one year for company & have 3 years experience in that field • CSS must be paid by employer in home country • Can only do work stipulated in service contract • Limited to the number of persons necessary to supply the contract • University degree & professional qualification if needed (except for entertainment, fashion models, chefs)

9. Market access for CF Contractual Service Suppliers (CSS) in EU • Legal advisory services in respect of international public law and foreign law • Accounting and bookkeeping services • Taxation advisory services • Architectural services • Urban planning and landscape architecture services • Engineering services • Integrated Engineering services • Medical and dental services • Veterinary services • Midwives services • Services provided by nurses, physiotherapists and paramedical personnel • Computer and related services • Research and development services

10. Market access for CSS in EU • Advertising services • Market Research and Opinion Polling • Management consulting services • Services related to management consulting • Technical testing and analysis services • Related scientific and technical consulting services • Maintenance and repair of equipment • Chef de cuisine services • Fashion model services • Translation and interpretation services • Site investigation work • Higher education services (only privately-funded services) • Environmental services • Travel agencies and tour operators' services • Tourist guides services • Entertainment services other than audiovisual services

11. Independent Professionals • means natural persons engaged in the supply of a service and established as self-employed in the territory of a Party who have no commercial presence in the territory of the other Party and who have concluded a bona fide contract (other than through an agency as defined by CPC 872) to supply services with a final consumer in the latter Party requiring their presence on a temporary basis in that Party in order to fulfil the contract to provide services

12. Conditions re IPs • Must be supplying service as self-employed persons established in the other Party with a service contract not exceeding 12 months • At least six years professional experience in the sector of activity which is the subject of the contract • University degree or qualification to show equivalent level of knowledge; and professional qualification where required • Stay of up to 6 months or length of contract • Can only do work stipulated in service contract • Limited to the number of persons necessary to supply the contract

13. Access for Independent Professionals in EU • Legal advisory services in respect of international public law and foreign law (i.e. non-EU law) • Architectural services • Urban planning and landscape architecture services • Engineering services • Integrated Engineering services • Computer and related services • Research and development services • Market Research and Opinion Polling • Management consulting services • Services related to management consulting • Translation and interpretation services

14. Short term visitors for business purposes • The EC Party and the Signatory CARIFORUM States shall endeavour to facilitate, in conformity with their respective legislation, the entry and temporary stay in their territories of short-term visitors for business purposes from the EC Party or the Signatory CARIFORUM States as the case may be with a view to carrying out the following activities:

15. for up to 90 days in any 12 month period: • Research & design • Marketing • Training seminars • Trade fairs and exhibitions • Sales & purchasing • Tourism personnel

16. Conditions • provided that they are not engaged in selling their goods or services to the general public or in supplying their goods or services themselves; • do not on their own behalf receive any remuneration from a source located within the Party where they are staying temporarily; • are not engaged in the supply of a service in the framework of a contract between a company where the SVBP are staying temporarily and a consumer.

17. Summary of Mode 4 regime • WTO-plus market access • Asymmetrical commitments (EU vs CF) • Some commitments required very high political decisions • Economic needs tests (ENTs) remain in some countries but no quotas or ceilings • Taking advantage of MA will require MRAs in some sectors • Non traditional - entertainment, models, chefs