mode 4 india-singapore ceca sumanta chaudhuri. salient features of ceca-services signed in june,...
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MODE 4India-Singapore CECA
Sumanta ChaudhuriSumanta Chaudhuri
Salient features of CECA-Services
Signed in June, 2005
Based on Positive List approach
Ch 7 – Trade in Services
Ch 9 – MNP
Schedules of Commitments –Annex 7A & 7B
List of Professionals – Annex 9A
Salient features of MNP in CECA
Separate Chapter on MNPMNP chapter serves also as Specific Commitment
(SC) Chapter Commitments also subject to
limitations/conditions scheduled in Ch 7Mode 4 – unbound in schedules except as per
commitments in Ch.9Obligations apply only to sectors where SC taken
in investment/services chaptersLeaves out Citizenship, Permanent Residence &
Employment on permanent basis
MNP – Salient featuresApplies to citizens/permanent residents of
bothFour categories of natural persons
• Business Visitor – (BV)• Intra-Corporate Transferee (ICT)• Short-term Service Suppliers (STSS)• Professionals – P
Specific duration for each categoryDefinition of category and conditions to be
fulfilled
MNP-salient features
No LMT, ENT as pre-condition for these categories
Singapore has removed salary benchmarking
No Social Security Contributions required in host country
No corresponding benefits can be obtained from host country
Category – BV & ICT
BV ICT
Coverage • Service Seller • Negotiating Sale of
Goods• Investor or employee
of investor• Advisor
• Employee of Service
Supplier/Juridical
person • Should be
- Manager
- Executive
- Specialist
BV & ICT
BV ICT
Duration 5 year multiple visa with upto 2 month validity at one time + 1 month extension
2 year period extendable upto 3 years at one time with total not > 8 years
BV & ICT
BV ICT
Conditions • Letter of
recommendation from
Govt. economic
Agency/reputed
Chambers of
Commerce
• Prior employment
for period not < 6
months in Company
& 1 year industry
experience/3 years
industry experience• Specific definitions
for sub-categories
Categories – STSS & P
STSS P
Coverage • Employee of service
supplier or enterprise
having contract from
other party• Are managers,
executives or
specialists
• Employed in
specialized
occupation listed in
9A• 127 occupations
listed• Highly skilled
Categories – STSS & P
STSS P
Duration 90 days + 90 days renewal or length of contract whichever lower
Upto one year
Categories – STSS & P
STSS P
Conditions • Prior employment of
of not > 3 months in
industry• Provision of service
as professional in
Scheduled Sectors
• Post secondary
degree with > 3 years
of study • Specific Contract• For regulated
professions
- registration/license
to practice from
requisite authority
Spouses and Dependents
Citizens and permanent residents of both granted long-term temp entry
Can bring in spouse/dependentsSpouses/dependents can apply
independently for working asManagersSpecialistsExecutives
Regulatory Transparency
Specific contact points for enquiry & facilitation
Reasonable time period between publishing regulations & their entry into force
Exchange of information on current procedures
Expeditious disposal of applications for grant of Visa
Regulatory Transparency
Notification of outcome of individual applications
Mutual Resolution of problems by both sides
Dispute Settlement only on exhausting domestic administrative remedies of other party
- Deemed to be exhausted if no final determination within 1 year of proceedings being initiated
Comparison with GATS Commitments (Revised Offer)
SINGAPORE - GATS PLUS- GATS – only ICT covered, not other
categories- Conditions & duration for ICT similar in
bothINDIA - All four categories in both RO & CECA
- Duration longer for ITC, IP, CSS in GATS- Sectoral coverage similar for IP except Tourism Services uncovered in CECA- Professions listed in CECA but not in RO
- None for national treatment except conditions for grant of visa in RO
Correspondence of listed professions to W/120
Accountancy, Auditing & Bookkeeping – 1A(b)
Taxation – 1A(c) Architectural, – 1A(d)Engineering + Integrated Engineering –
1A(e),(f)Urban planning and land scape
architectural – 1A(g)Medical & Dental – 1A (h)
Correspondence of listed professions to W/120
Veterinary – 1A(i)CRS – 1BR&D – 1CAdvertising – 1F(a)Market research – 1F(b)*Management Consulting/Services related to
management consulting – 1F(c) (d) Related scientific & technical consulting – 1F(m)Advisory & other auxiliary – 7B(k)
Analysis & Impact
Listing of occupations based on commercial interest No specific LMT,ENT used for identifying skill
shortages No Major wage depression concerns No commitments by sending Country ensuring
return of natural persons No changes to existing immigration regime in both Clear separation of temporary entry from
immigration/citizenship
Analysis and impact
• No specific review on extent of movement
• Procedural simplification and expedited grant of visas
• Movement of professionals dependent on recognition of qualifications
• Provision for negotiation of MRA’s
• No tangible progress in any profession
• Problems on both sides
Lessons for GATS Mode 4 Negotiations
Model in CECA could be replicated in GATS
Seems to apply more to higher skill personnel
Obligations by sending country not needed for such categories
Changes in immigration regime not needed/ so difficult as made out
Lessons for GATS Mode 4 Negotiations
Clear carve-out for citizenship/permanent employment from the coverage
Specificity in definitions, coverage, duration & conditions
Almost all the CECA provisions contained in Mode 4 Group proposals
- Market access commitments
- Regulatory transparency