JPEPA’s Chapter 9: Movement of Natural

Persons

Rep. Mario “Mayong” Joyo AgujaRep. Mario “Mayong” Joyo Aguja

Forum-Workshop on JPEPA and

GATS Mode 4: What’s in it for the Migrants?June 6, 2007, University Hotel, University of the Philippine

BackgroundBackground2002 Jan. – PM Koizumi proposed the “Initiative for

Japan-ASEAN Comprehensive Economic Partnership”

2002 May – PGMA proposed to set up Working Group to study possibility of EPA

2002 Aug. – informal discussion of modalities for proceeding with bilateral consultations

2003 May – PGMA issued EO 312 creating the Phil. Coordinating Committee to negotiate a proposed JPEPA

2003 Oct. – Framework for ASEAN-Japan Comprehensive Economic Partnership was signed

2004 Feb. – formal negotiations commenced

2006 Sept – JPEPA was signed in Helsinki

Clash of interests?PHILIPPINES

Market access for agricultural goods (Trade in Goods)Significant increase in Foreign Direct InvestmentMarket access for nurses and caregivers, IT professionals among others (Movement of Natural Persons)Enhanced bilateral economic cooperation through technical assistance (Cooperation)

JAPANMarket access for industrial goods, particularly steel, auto and auto parts, and electronics/electrical products (Trade in Goods)RP acceptance of Japan’s sensitivities in rice and leather (Trade in Goods)Unrestricted Foreign Direct Investment through MFN or national treatment for its investments (Investments)Transparency and predictability in rules on trade and investments through standstill obligations (Investments, Trade in Services)Improvement of Business Environment through the timely and effective resolution of issues affecting Japanese enterprises (Business Environment)

Objectives of JPEPA

Liberalize and facilitate trade in goods and services between the Parties;Facilitate the mutual recognition of the results of conformity assessment procedures for products and processes;Increase investment opportunities and strengthen protection for investments and investment activities in the Parties;Enhance protection of intellectual property and strengthen cooperation in the field thereof to promote trade and investment between the Parties;Promote transparency in government procurement in the Parties;Promote competition by addressing anti-competitive activities and cooperate in the field of competition;Establish a framework for further bilateral cooperation and improvement of business environment;Promote transparency in the implementation of laws and regulations respecting matters covered by this agreement; andCreate effective procedures for the implementation and operation of this agreement and for the resolution of disputes.

3112

Annex 7: Reservations for Future and Existing Measures (Philippines

Annex 8: Specific Commitments for the Movement of Natural Persons (Part 1: Sec. 1-6, Appendices 1-2; Part 2: Sec. 1-6)

9.210

52Annex 7: Reservations for Future and Existing measures (Japan)9.1

117Annex 6: Schedules of Specific Commitments and List of Most-Favored Nation Exemptions (Philippines8.2

61Annex 6: Schedules of Specific Commitments and List of Most-Favored Nations Exemptions (Japan)8.1

5Annex 5: Financial Services7

5Annex 4: Sectoral Annex in Relation to Article 616

1Annex 3: Minimum Data Requirement for Certificate of Origin5

108Annex 2: Product Specific Rules4

200Annex 1: Philippine Tariff Schedules (Industrial)3.6

34Annex 1: Philippine Tariff Schedules (Agriculture)3.5

140Annex 1: Tariff Schedules (Agricultural and Industrial)3.4

7Annex 1: Tariff Schedules – Part 3: Notes for Schedule of Philippines3.3

16Annex 1: Tariff Scheduels – Part 2: Notes for Schedule of Japan3.2

3Annex 1: Tariff Schedules – Part 1: General Notes3.1

29JPEPA Implementing Agreement (Art. 8-11)2

107JPEPA Text (Art. 108-116)1

PagesDocumentsNo.

1 or 3 years, may be extended

1 or 3 years, may be extended

•Accounting, auditing and bookkeeping services supplied by an accountant qualified as “Koninkaikeishi” under Japanese law•Taxation services supplied by a tx accountant qualified as “Zeirishi” under Japanese law

1 or 3 years, may be extended

•Legal services supplied by a patent attorney qualified as “Benrishi” under Japanese law

1 or 3 years, may be extended

•Consultancy on law of jurisdiction where the service supplier is a qualified LAWYER on condition that the service supplier is qualified “Gaikoku-Ho-Jimu-Bengoshi” under Japanese law

1 or 3 years, may be extended

•Legal services supplied by a LAWYER qualified as “Bengoshi” under Japanese law

1 or 3 years, may be extended

4. Natural persons of the Phils. who Engage in Professional Services:

1 or 3 years, may be extended

3. Investors

1 or 3 years, may be extended

2. Intra-corporate transferes

90 days, may be extended (without acquiring renumeration)

1. Short-term visitorsLength of stay allowedNature

1 or 3 years, may be extended

5. Natural Persons of the Philippines who Engage in Supplying services, which require technology or knowledge as an advanced level of which require specialized skills belonging to the particular fields of industry, on the basis of a contract with Public or Private organization in Japan.(physical sciences, engineering or other natural sciences under the status of residence of “engineer”; human science, including jurisprudence, economics, business management and accounting, or which require ideas and sensitivity based on culture of a country other than Japan, under the status of residence of “Specialist in Humanities/International Services”.

(i) pursuing the course of training including Japanese language training, referred to in the Implementing Agreement, for six (6)months; and(ii) after completion of the said training, acquiring necessary knowledge and skills at the hospital mentioned below through the training under the supervision of “Kangoshi”

(a) for the purposes of obtaining a qualification as a nurse under Japanese law (hereinafter referred to in this Section as “Kangoshi”

6. Natural persons of the Phils. who engage in supplying services as Nurses or Certified Careworkers or Related activities, on the Basis of contract with Public or Private Organizations in Japan, or on the Basis of admission to Public or Private training facilities in Japan

(i) pursuing the course of training including Japanese language training, referred to inthe Implementing Agreement, for six (6) months; and(ii) after completion of the said training, acquiring necessary knowledge and skills atthe caregiving facility mentioned below through the training under the supervisionof “Kaigofukushishi”,

(b) for the purposes of obtaining a qualification asa certified careworker under Japanese law (hereinafter referred to in this Section as“Kaigofukushishi”);

For Nurse or “Kangoshi”1. For the purposes of subparagraph 1(a) of Section 6, a “natural person of the Philippines” shall be a natural person of the Philippines who is a qualified nurse underPhilippine laws and regulations with work experience as a nurse for at least three (3) years;

Note:

For the purposes of this paragraph, a “qualified nurse under Philippine laws and regulations” means a nurse who passed the Philippine Licensure Examination for Nurses under Philippine laws and regulations.

Careworker or“Kaigofukushishi”2. For the purposes of

subparagraph 1(b) of Section 6, a “natural person of the Philippines” shall be a natural person of the Philippines who graduated with bachelor’s degree from a higher education institution from which the minimum period required for graduation is four (4) years and certified as a caregiver by the Government of the Philippines in accordance with the laws and regulations of the Philippines, or a natural person of the Philippines who graduated from a nursing school; and

Note:

For the purposes of this paragraph, a “nursing school” means a higher education institution authorized by the Philippine Government to operate a Bachelor of Sciencein Nursing program.

99.237,80938,1121993

98.940,00440,4451994

96.040,82242,5321995

89.840,92745,6001996

87.043,31749,7741997

83.644,36453,0521998

97.153,82155,4041999

96.446,81748,568200

84.140,62548,3322001

84.344,82053,1872002

92.649,71453,6802003

91.244,87449,2042004

91.444,13748,2992005

88.343,21148,9142006

90.646,00050,7662007

PercentageNo. of Board PassersNo. of

ExamineesYear

Japanese Nurse Board Exam (Kangoshi Kokka Shiken)

Caregivers Exam (Kaigo Fukushishi Kokka Shiken)

2002 41.4%2003 48.0%2004 49.3%2005 42.6%2006 46.8%

How much a female care worker in Japan could earn a month?

2145.836.1220Nursing Care Worker

269,0008.145.728Care Manager

277,0004.129.727Physical therapist

193,0005.942.8158Nursing aid279,0009.642.7234Auxiliary nurse

315,0006.735.8403Professional nurse

Ave. monthly

cash earnings

(Yen)

Average length of service (Years)

Average ageEmployees (1,000)

Occupation

Data based on the Basic Survey on Wage by the Department of Health and Labor, Japan, 2004

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