© WTO/OMC1 MODE 4 and INFORMATION NEEDS OECD / WTO

© WTO/OMC2 Mode 4 and Information Needs Short introduction to GATS and modes of supply Defining GATS mode 4 and the supply of services through the movement of natural persons Information needs Value of services supplied Number of natural persons Annexes Extracts of GATS, Annex, Classification List GNS/W/120 Summary description of categories of natural persons Movement of natural persons under RTAs Structure

© WTO/OMC3 GATS Mode 4 Coverage (1/2) Falling under mode 4Not falling under mode 4 Temporary movement (What is temporary?) Presence of natural persons for supply of commercial services (Scope of commercial services?) Permanent migration Natural persons seeking access to employment market Natural persons working in non-service sectors Services supplied under governmental authority Mode 4

© WTO/OMC4 GATS Mode 4 Coverage (2/2) Falling under mode 4Not falling under mode 4 All skill levels Business visitors Contractual service suppliers –Independent service suppliers –Employees of foreign service supplier Intra-corporate transferees Employees of host country (locally-owned) firms Mode 4

© WTO/OMC5 Supply of services through the movement of natural persons - Foreign natural persons employed by a host country serv. supplier GATS mode 4 - Foreign self employed natural persons (contractual service suppliers as independent service suppliers) - Foreign natural persons employed by a foreign service supplier Employees of a contractual service supplier Intra-corporate transferees Business visitors Movement of persons Additional information: service occupation of persons employed by host country goods and services suppliers

© WTO/OMC6 Information Needs Value of services suppliedNumber of natural persons Type of service Categories of persons Territory of origin (of service supplier) Duration of stay (no standard upper limit) Occupation / skills (of natural person) Information needs

© WTO/OMC7 GATS Mode 4 – Contractual Service Suppliers Information needs Type of contract Category of natural persons Territory of origin (citizenship) Length of stay (summary of commitments) Sectoral breakdowns I. Service contracts, delivered in the host country Contractual service suppliers:  Independent service suppliers  Employees of foreign service supplier  Natural person (or permanent residence)  Juridical person 3 months – 1 year (rarely more than 2) Service produced Occupation of natural person Value of service: YesNumber of persons: Yes

© WTO/OMC8 GATS Mode 4 – Intra-corporate Transferees Information needs Type of contract Category of natural persons Territory of origin (citizenship) Length of stay (summary of commitments) Sectoral breakdowns II. Employment contracts with foreign (service producing) firms which have commercial presence in the host country Intra- corporate transferees Juridical person> 2 years and < 5 years (or more) Service produced by juridical person Occupation of natural person Value of service: NoNumber of persons: Yes

© WTO/OMC9 GATS Mode 4 – Business Visitors Information needs Type of contract Category of natural persons Territory of origin (citizenship) Length of stay (summary of commitments) Sectoral breakdowns III. Self employed or employed with foreign service producing firm but service is not actually supplied in host country Business visitors  establishment of commercial presence  sales negotiations Juridical person; or natural person (or permanent residence) in the case of self-employed <3 monthsService produced by juridical person (or natural person in the case of self- employed) Occupation of natural person Value of service: NoNumber of persons: Yes

© WTO/OMC10 Broad – Employees of Host Country Service Suppliers (excl. ICTs) Information needs Type of contractCategory of natural persons Territory of origin (citizenship) Length of stay (summary of commitments) Sectoral breakdowns IV. Employment contracts in host country (service producing) firms (excluding intra- corporate transferees) Employees of host service producing firms Natural person (or permanent residence) Varies considerably between Members Norway: 3 months out of 12 USA H1(b): up to 3 years Service produced by juridical person Occupation of natural person Value of service: YesNumber of persons: Yes

© WTO/OMC11 Additional Information – Employees (Service Occupation) of Host Country Firms (excl. ICTs) Information needs Type of contractCategory of natural persons Territory of origin (citizenship) Length of stay (summary of commitments) Sectoral breakdowns Employment contracts in host country firms (excluding intra- corporate transferees) Employees engaged in service occupations of host country firms Natural person (or permanent residence) Norway: 3 months out of 12 USA H1(b): up to 3 years Service occupation of natural person Value of service: YesNumber of persons: Yes

© WTO/OMC12 Information needs Category of natural persons Value of service Number of persons Broad GATS mode 4 Contractual service suppliers BPM5 servicesMigration/empl. or tourism Intra-corporate transfereesNoFATS or migration Business visitorsNoTourism or migration Employees of host service producing firms Compensation of employees Migration/empl. or tourism Additional information Employees engaged in service occupations of host country firms Compensation of employees Migration/empl. or tourism Information Needs – Summary and Sources?