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MODE 4 India-Singapore CECA

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.

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MODE 4 India-Singapore CECA

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  1. MODE 4India-Singapore CECA Sumanta Chaudhuri

  2. 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

  3. 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

  4. 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

  5. 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

  6. Category – BV & ICT

  7. BV & ICT

  8. BV & ICT

  9. Categories – STSS & P

  10. Categories – STSS & P

  11. Categories – STSS & P

  12. 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

  13. 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

  14. 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

  15. 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

  16. 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)

  17. 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)

  18. 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

  19. 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

  20. 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

  21. 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

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