MODE 4 India-Singapore CECA Sumanta 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 MNP MNP chapter serves also as Specific Commitment (SC) Chapter Commitments also subject to limitations/conditions scheduled in Ch 7 Mode 4 – unbound in schedules except as per commitments in Ch.9 Obligations apply only to sectors where SC taken in investment/services chapters Leaves out Citizenship, Permanent Residence & Employment on permanent basis

MNP – Salient features Applies to citizens/permanent residents of both Four categories of natural persons Business Visitor – (BV) Intra-Corporate Transferee (ICT) Short-term Service Suppliers (STSS) Professionals – P Specific duration for each category Definition 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 BVICT 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 BVICT Duration5 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 BVICT 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 STSSP 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 STSSP Duration90 days + 90 days renewal or length of contract whichever lower Upto one year

Categories – STSS & P STSSP 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/dependents Spouses/dependents can apply independently for working as Managers Specialists Executives

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 both INDIA- 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 – 1B R&D – 1C Advertising – 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 MRAs 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