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