Trade in services By. Ms. Allyson Francis - Trade in Services & Investment Specialist - CARICOM Secretariat EPA Implementation Unit

TRADE IN SERVICES: REVIEW OF THE INVESTMENT AND SERVICES

SCHEDULE

S. H. Allyson Francis

Trade in Services & Investment Specialist

CARICOM Secretariat EPA Implementation Unit

[email protected]

[email protected]

1

mailto:[email protected]

mailto:[email protected]

Outline

• EPA (background & provisions)

• Investment provisions

• CARIFORUM & EU Investment offers

• Services provisions

• CARIFORUM & EU Services offers

• Challenges, Opportunities

• Supply-side, demand-side, implementation issues

• Next steps

The EPA

• Objectives – Reduction & eventual eradication of poverty through trade

partnership;

– Promoting regional integration, economic cooperation and good governance;

– Promoting the integration of CARIFORUM (CF) States into the world economy;

– Support for increasing investment & private sector initiative; and

– Strengthening relations taking into consideration levels of development and int’l obligations

Market Access (MA)

• Parties shall accord treatment no less favorable than that provided for in the specific commitments

• Measures not to be maintained unless specified- Limitations such as on – the number of commercial presences (quotas, monopolies,

exclusive rights or other requirements such as ENT)

– the total value of transactions or assets

– the total number of operations or quantity of output

– the participation of foreign capital

– specific types of commercial presence

National Treatment (NT)

Where there are MA commitments States shall grant treatment no less favorable than that accorded to their own like service provider (treatment will be considered less favorable if it modifies the conditions of competition in favor of the other party)

Most-Favored Nation Treatment (MFN)

• The EC shall accord treatment no less favorable than the most favorable accorded to third country with whom they conclude & agreement with after signature of the EPA

• CF shall accord treatment no less favorable than the most favorable accorded to any major trading economy – (major trading economy is any country with more than 1% world share in

merchandise trade or group with more that 1.5%)

Cooperation

Cooperate by providing support through technical assistance, training & capacity building: – Improve ability to gather information on & meet regulations

& standards of the EC;

– Improve export capacity particularly marketing of tourism & cultural services, SMEs;

– Facilitate interaction & dialogue;

Cooperation (cont.)

– Address quality & standards needs under the agreement & domestic & regional markets. Also ensure participation in the development & adoption of sustainable tourism standards;

– Developing & implementing regulatory regimes; and

– Mechanisms for promoting investment & joint ventures & enhancing the capacities of IPA

INVESTMENT

Elements of the investment provisions

• Contained in the legal text and in the schedule of commitments

• Negative listing of restrictions in non-service sectors – what is listed is not liberalised (may contain restrictions)

Behavior of investors

Parties shall take measures to:

• Forbid & held liable investor who offers, promises or gives undue benefits to any public official; – Most legislation addresses public officials have to also address investors

• Ensure investors act in accordance with core labour standards; – Freedom of association; elimin. of forced labour; abolition of child labour;

and elimin. of discrimination in the work place

• Ensure investors do not manage or operate investment counter to int’l environmental standards; and

• Ensure investors establish local community liaison processes – Especially in projects involving extensive natural resource-based activities

Standards & Review

• FDI must not be encourage by lowering environmental, labour health & safety standards

• With a view to progressive liberalisation review the investment framework no later than three years after entry into force of the Agreement.

– What legislation relates to investment

– Is the environment conducive to investment

– What is the flow of investment between Europe and Antigua & Barbuda

– Which areas of investment should be targeted for Europeans

Schedule: Non-services investment

Sectors covered

• Agriculture, hunting & forestry

• Fishing

• Mining & quarrying

• Manufacturing

• Production, transmission & distribution of electricity, gas, steam & hot water

Investment Schedule

• CF has the ability to within two years after entry into force of the Agreement to list any non-conforming measures

• Schedule is not a commitment on privatisation

• Right to regulate to meet national policy objective

• Only discriminatory measures/limitation listed

• No rights directly to natural or juridical persons

• Does not include measures concerning subsidies

• Does not include measures relating to qualification requirements and procedures, technical standards and licensing requirements and procedures (even if not listed, apply in any case to investors of the other Party)

INVESTMENT

OFFERS

EU Conditions for Investment

• Limitations on acquisition of land and real estate by foreign investors in 19 Member states;

• Limitations on the type of establishment includes limitation on the treatment accorded to branches or agencies established in a Member State by a third country company, also, residency & nationality conditions in the composition of the board of directors;

• EU reserve their right to prohibit or regulate the acquisition of a juridical person for overriding reasons of general interest in so far as they comply with Community law and international obligations;

• Prior authorization; and

• Limitation on foreign participation

• Registration, licensing and qualification requirements

EC sector specific Commitments

Agriculture, hunting

Can invest in these activities in the EU except in 7 Member States where there are reservations

• Austria, Hungary, Malta, Romania – unbound for Agriculture

• Cyprus – None EU participation only up to 49%

• Ireland – authorisation for flour milling

• France - The establishment of agricultural enterprises and the acquisition of vineyards by non-EU nationals non-EU investors are subject to authorisation.

Forestry & Logging only Bulgaria has restrictions on logging

EC sector specific Commitments (cont.)

FISHING AND AQUACULTURE Very restrictive • 23 Member States with reservations (percentage participation

etc.) – France: Non-Community nationals cannot participate in the

maritime State property for fish/shellfish/algae farming. Foreign investors not incorporated and not having their principal office in France cannot own more than 50 per cent of a French flag vessel.

– UK: Reservation on the acquisition of UK flagged vessels, unless the investment is at least 75percent owned by British citizens and/or by companies which are at least 75percent owned by British citizens, in all cases resident and domiciled in the UK. Vessels must be managed, directed and controlled from within the UK

EC Commitments (cont.)

MINING AND QUARRYING

Open for investment except that:

Investors from countries which are energy suppliers may be prohibited to obtain control of the activity. Unbound for direct branching (incorporation is required). Unbound for extraction of crude petroleum and natural gas.

EC Commitments (cont.)

The EU is very open to investment in areas of manufacturing (subj. to conditions)

Manufacture of food products and beverages; textiles; Manufacture of wood and of products of wood and cork, except furniture; manufacture of articles of straw and plaiting materials; manufacture of rubber and plastic products etc.

Only reservations in: • publishing, printing & reproduction of recorded media (does not include

audiovisual & cultural content) – IT: Nationality condition for owner of publishing and printing company

• Manufacture of refined petroleum products – EU: Investors from countries which are energy suppliers may be

prohibited to obtain the control of the activity. Unbound for direct branching (incorporation is required).

ANTIGUA & BARBUDA’S

INVESTMENT OFFERS

Horizontal limitations

• Foreign companies & individual need license to hold property, issue or transfer of shares may be prohibited

• Foreign Investors must incorp., estab. If not incorp. Companies must be registered – powers & activities may be restricted in accordance with legislation

• CAF - Exploration, exploitation and processing of radioactive minerals, the recycle of nuclear fuel, the generation of nuclear energy, the transportation and storage of nuclear waste, the use and processing of nuclear fuel and regulation of its applications for other purposes, as well as the production of heavy water prohibited.

ATG Sector specific limitations

• Fishing

– The State reserves the right to adopt or maintain measures on investment in this sector.

• Mining & quarrying

– CAF - may reserve small scale activities to nat’l

– CAF - The State reserves the right to grant approval for private or public exploration, mining, processing, importation and exportation of minerals.

ATG Sector specific limitations (Cont’d)

• Manufacture of wood and of products of wood and cork, except furniture; manufacture of articles of straw and plaiting materials

– State reserves the right to adopt & maintain measures

• Manufacture of furniture n.e.c.

– CAF: States reserve the right to adopt or maintain restrictions on small scale investment in this sector.

• Manufacture of machinery & equipment

– CAF: States may reserve the right to adopt or maintain measures on investment in the production of weapons and ammunition

Sector specific limitations (Cont.)

Production, transmission & distribution of electricity, gas, steam & hot water (excluding nuclear based electricity generation)

• All CARIFORUM States except Dominican Republic - Unbound – DOM: Economic activities considered as public utilities at a national or

local level may be subject to public monopolies or to exclusive rights granted to private operators.

SERVICES

Services trade

Services are traded by four modes • Mode 1 - Cross-border trade (the supplier or the consumer do not

move e.g. advisory services via the internet, providing drafts); • Mode 2 - Consumption abroad (the consumer moves to obtain the

service e.g. tourism, non-national purchasing Architectural services paid from their home country);

• Mode 3 - Commercial presence (the supplier establishes in the territory to supply a service e.g. branches); and

• Mode 4 - Movement of natural persons (temporary movement of the supplier to provide a service e.g. consultancy services)

Scheduling

Positive listing of restrictions in services sectors – what is listed is liberalised (may contain restrictions)

• None – No discriminatory legislation/regulations

• Unbound - States have the ability to regulate/change the trade regime in the sector

• Unbound * - Not feasible

NB: Only discriminatory requirements are scheduled therefore there may be other regulatory requirements to be met.

NB: the schedule sets the upper limits of restrictions a State may allow activities to be undertaken that is more liberal that what is schedule

Services Title

• Chapter 1 – General Provisions • Chapter 2 – Commercial Presence • Chapter 3 – Cross Border Supply of Services • Chapter 4 - Temporary Presence of Natural Persons for

Business Purpose • Chapter 5 – Regulatory Framework (MR, Computer, Courier,

Telecom, Financial, Int’l Maritime & Tourism)

• Chapter 6 – Electronic Commerce • Chapter 7 - Cooperation

General Provisions

• An arrangement for the progressive, reciprocal & asymmetric liberalization

• Do not apply to subsidies

• States retain the right to regulate & introduce new regulations to meet legitimate policy objectives

• Do not apply to measures regarding citizenship, residence or employment

• Measure must not be applied to nullify or impair benefits

• Future liberalization no later than 5 yrs from date of entry into force

General Provisions (cont’d)

• Bahamas & Haiti to schedule commitments no later than 6 months after signature (preferential treatment not

applicable until)

• Recognize the importance of Regional Integration

• Does not include activities in the exercise of governmental authority

• Do not apply to activities such as mining, manufacturing, processing of nuclear materials, production of arms, audio-visual services, national & international air transport etc.

Temporary Presence of Natural Persons for Business Purposes

• Key Personnel – National employed by a legal entity responsible for setting up or the proper control (all sectors liberalised under mode 3)

–Business visitors – must be in a senior position, do not engage in direct transaction with the gen. public & do not receive payment from a source in the host

– Intra-corporate transfers – must have been employed

or partners for at least 1year, transferred on a temporary basis • Managers (directing, supervising auth. to recruit or dismiss or

recom.)

• Specialists (must possess uncommon knowledge)

Temporary Presence of Natural Persons (cont.)

For any activity that Antigua and Barbuda or the EU has allowed persons to invest in, graduate trainees should be granted access.

Graduate trainees – national employed by a legal entity for at least 1 year, possess a university degree, temporarily transferred for career development & training in business techniques or methods (recipient co. may be required to submit training programme)

Business Service Sellers (BSS)

Representatives of a service supplier seeking temporary entry to negotiate the sale of services or entering into agreements to sell services

• For all sector liberalized

• Temporary entry for 90days

• Do not engage in making direct sales to the public

• Do not receive remuneration from a source in the host State

For all sectors liberalised under modes 1, 2 & 3

Contractual Services Suppliers

National employed by a legal entity, with no commercial presence in the other territory, have concluded a bona fide contract requiring temporary presence to fulfill

Conditions

– Must have a registered business or an employee of a juridical person

– Must possess a university degree or equivalent and professional qualifications (except fashion model chef de cuisine & entertainment);

Conditions for CSS (cont.)

– Must first obtain a service contract must not exceed a period of twelve months (temporary entry and stay not more than 6 months);

– Must have been an employee of the juridical person for at least 1 year immediately preceding application;

– Must possess at least three years professional experience;

– Remuneration only for the contract; and

– Subject to Economic Needs Test (ENT) - The main criteria will be the

assessment of the relevant market situation in the Member State or the region where the service is to be provided, including with respect to the number of, the impact on, existing services suppliers

Independent Professional

National, self-employed with no commercial presence in the other territory, have concluded a bona fide contract requiring temporary presence to fulfill

Conditions – Self employed – Must possess a university degree or equivalent and professional

qualifications; – Must first obtain a service contract must not exceed a period of twelve

months (temporary entry and stay not more than 6 months); – Must have at least 6 years professional experience at the date of

application; – Subject to Economic Needs Test (ENT)

Other Provisions

Short Term visitors for business purposes

– Research and Design; Marketing research; Training seminars; Trade Fairs; Sales; Purchasing;

Provided they are not engaged in selling their services to the general public; do not receive remuneration in the territory of temporary stay, not to engage through a contract outside of the territory of temporary stay;

Temporary stay up to 90 days

Mutual Recognition (MR)

• Nothing in this Title shall prevent the Parties from requiring that natural persons must possess the necessary qualifications and/or professional experience specified in the territory where the service is supplied, for the sector of activity concerned.

• Professional bodies encouraged to Jointly develop & provide recommendations on MR of criteria applied re authorisation, licensing, operation and certification

• Negotiations to start no later than 3 years after entry into force of the Agreement

MR (cont.)

• Start with accounting, architecture, engineering & tourism

• Recommendations to be reviewed by the Joint Committee for consistency

• If consistent negotiate through comp. auth a MRA – Consistent with GATS Art. VII – , shall not be in a manner which

constitutes a means of discrim. between countries in its application & shall

afford oppor. for other interested Mem to negot.

• CF- EC Trade & Development Committee to review progress every 2 years

Transparency

• Parties shall ensure all laws, regulations, procedures and administrative rulings, international commitments relating to any trade matter covered by this Agreement are

promptly published or made publicly available and brought to the attention of the other Party

• Establish enquiry points

– May not be depositories of laws & regulations

• Respond promptly to request for information

Procedures

• Where a specific commitment has been made & authorization is required, the competent authorities of the Parties shall, within a reasonable period of time after the submission of an application considered complete inform the applicant of the decision concerning the application.

• The Parties shall maintain or institute judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected investor or service supplier, for a prompt review of, and where justified, appropriate remedies for, administrative decisions.

E-Commerce

• Recognises e-commerce increases trade opportunities • Agree to cooperate & promote the development of e-

commerce • Must be compatible with the highest int’l standards of

data protection • Deliveries considered provision of services • Dialogue or regulation (exchange of information) –

recognition of certificates or electronic signature, liability of intermediary providers, protection of consumers, treatment of unsolicited communications

Antigua & Barbuda and the EU SERVICES

OFFERS

IN THE SELECTED SECTORS

EU Commitments

The EC have scheduled their reservations in four different sections

• Cross-border supply of services; • Commitments on Establishment (Commercial

Presence); • Reservations on Contractual Service Suppliers (CSS) • Independent Professionals (IP)- • Reservations on Key Personnel and Graduate Trainees.

Cross-border provision

Horizontal limitations on acquisition of land and real estate by foreign investors

Commercial Presence Commitments

Horizontal limitations

• Limitations on acquisition of land and real estate by foreign investors in 19 Member states

• Limitations on the type of establishment includes limitation on the treatment accorded to branches or agencies established in a Member State by a third country company, also, residency & nationality conditions in the composition of the board of directors

• EC reserve their right to prohibit or regulate the acquisition of a juridical person for overriding reasons of general interest in so far as they comply with Community law and international obligations.

• Prior authorization; and

• Limitation on foreign participation

Movement of Natural Persons

• Those measures (e.g. need to obtain a license, need to register with the Registrar of Companies, universal service obligations, need to obtain recognition of qualifications in regulated sectors, need to pass specific examinations, including language examinations, non-discriminatory requirement that certain activities may not be carried out in environmental protected zones or areas of particular historic and artistic interest), even if not listed, apply in any case to service suppliers of the other Party.

Key Personnel & Graduate Trainees

• 2 Member States require ENT for Graduate Trainees;

• The number of ICT must not exceed 10%;

• Restriction for Managing Directors and Auditors include - Residency requirement, trade permit, specific authorization

• EC directives on mutual recognition of diplomas only apply to EC nationals.

Key Personnel & Graduate Trainees (Cont.)

• EC directives on mutual recognition of diplomas only apply to EC nationals. The right to practise a regulated professional service in one Member State does not grant the right to practise in another Member State – (In order for third-country nationals to obtain EC-wide

recognition of their qualifications, it is necessary to negotiate a Mutual Recognition Agreement)

• Residency requirement in 4 Member States and years of experience required in 1 Member State

• Commitments on key personnel and graduate trainees do not apply in cases where the intent or effect of their temporary presence is to interfere with or otherwise affect the outcome of any labour/management dispute or negotiation

Contractual Service Suppliers (CSS)

• The EC made commitments in 29 sectors • For the EC 10 commitments enter into force in 2011 • For Bulgaria & Romania 2014 EC directives on mutual recognition of diplomas only apply to

nationals of EU Member States. The right to practise a regulated professional service in one Member State does not grant the right to practise in another Member State. (In order for third-country nationals to obtain EC-wide recognition of their qualifications, it is necessary a Mutual Recognition Agreement to be negotiated)

Areas of access for CARIFORUM CSS in the EU

1. Legal advisory services in respect of international public law and foreign law

2. Accounting and bookkeeping services 3. Taxation advisory services 4. Architectural services 5. Urban planning and landscape architecture services 6. Engineering services 7. Integrated Engineering services 8. Medical and dental services 9. Veterinary services 10. Midwives services

Areas of access for CARIFORUM CSS in the EU (cont’d)

11. Services provided by nurses, physiotherapists and paramedical personnel

12. Computer and related services 13. Research and development services 14. Advertising services 15. Market Research and Opinion Polling 16. Management consulting services 17. Services related to management consulting 18. Technical testing and analysis services 19. Related scientific and technical consulting services 20. Maintenance and repair of equipment

Areas of access for CARIFORUM CSS in the EU (cont’d)

21. Chef de cuisine services

22. Fashion model services

23. Translation and interpretation services

24. Site investigation work

25. Higher education services (only privately-funded services)

26. Environmental services

27. Travel agencies and tour operators' services

28. Tourist guides services

29. Entertainment services other than audiovisual services

Areas of access for CARIFORUM IP in the EU

Market access was granted in 11 sectors. 1. Legal advisory services in respect of international public law and

foreign law (i.e. non-EU law) 2. Architectural services 3. Urban planning and landscape architecture services 4. Engineering services 5. Integrated Engineering services 6. Computer and related services 7. Research and development services 8. Market Research and Opinion Polling 9. Management consulting services 10. Services related to management consulting 11. Translation and interpretation services

CARIFORUM Commitments

GATS structure – does not include The Bahamas & Haiti • Takes into account regional integration progress and

sensitivities of individual states/sub-groupings • Key personnel & Graduate trainee where there is a

mode 3 commitment, subj. to an ENT – Main criterion is availability of persons with the requisite skills in the local labour market (mode 4) or an assessment of the relevant market situation ie. number of & impact on existing service suppliers

Movement of Natural Persons

• In those sectors in which economic needs tests (ENTs) are applied for Mode 4, the main criterion will be availability of persons with the requisite skills in the local labour market. With regard to other modes of supply, the main criteria for ENTs will be the assessment of the relevant market situation where the service is to be provided, with respect to the number of, and the impact on, existing service suppliers.

Antigua & Barbuda’s Horizontal commitments

• Treatment may be reserved with respect to subsidies or grants

• Mode 4 – Unbound except for Key Personnel & graduate trainees not available locally

– Valid work permit required for non- nationals

Architectural & Engineering

Services

UNCPC for Architectural Services

• 86711 - Advisory and pre-design architectural services

• 86712 - Architectural design services

• 86713 - Contract administration services

• 86714 - Combined architectural design and contract administration services

• 86719 - Other architectural services (such as the preparation of

promotional material and presentations, preparation of as-built drawings, constant site representation during the construction phase, provision of operating manuals, etc.)

EU Architectural Commitments

Mode 1 • 15 Member States have no reservations; • 12 Member States have reservations of unbound (States

have the ability to regulate/change the trade regime in the sector) and one in addition requires application to national rules.

Mode 2 None

EU Architectural Commitments (cont.)

Mode 3 Commercial presence • Only two Member States with reservations (BG: For projects of

national or regional significance, foreign investors have to act in partnership or as subcontractors of local investors.

• LV: For architectural services, in order to receive a licence enabling them to engage in business activity with full range of legal responsibility and rights to sign a project, practice of 3 years in Latvia in the field of projecting and university degree is required.)

Key Personnel & Graduate Trainees (Architectural Services)

• Only 5 Member States have reservations–

– EE: At least one responsible person (project manager or consultant) must be resident in Estonia;

– BG: Foreign specialists must have experience in the field of construction of at least two years. Nationality condition for urban planning and landscape architectural services; and

– EL, HU, SK: Residence requirement

ATG commitments in Architectural Services

• Modes 1 & 2 - None • Mode 3- None in MA, NT- Residency and permission from the

Board of Architects required

• Mode 4 – Unbound except as indicated in the horizontal commitments

– i.e. - ENT for key personnel (business visitors, managers & specialists) & graduate trainees

Europeans can provide this service via the internet or come at utilize this service in Antigua and Barbuda. They can also come and establish a business, but should have residency and get permission from the Board

UNCPC for Engineering Services

• 86721 Advisory and consultative engineering services

• 86722 Engineering design services for the construction of foundations and building structures

• 86723 Engineering design services for mechanical and electrical installations for buildings

• 86724 Engineering design services for the construction of civil engineering works

• 86725 Engineering design services for industrial processes and production

• 86726 Engineering design services n.e.c.

• 86727 Other engineering services during the construction and installation phase

• 86729 Other engineering services

UNCPC for Integrated Engineering Services

• 86731 Integrated engineering services for transportation infrastructure turnkey projects

• 86732 Integrated engineering and project management services for water supply and sanitation works turnkey projects

• 86733 Integrated engineering services for the construction of manufacturing turnkey projects

• 86739 Integrated engineering services for other turnkey projects

EU Commitments in Engineering, Integrated Engineering & Construction Services

Engineering & Integrated Engineering Services

• Mode 1 – 19 Member States have no limitations;

– 6 Member States - BG, CY, EL, IT, MT, PT have scheduled unbound

– AT, SI: Unbound except for pure planning services.

• Mode 2 – None

Construction Services

• Modes 1 & 2 - None

Commercial presence Limitations (Engineering, Integrated Engineering & Construction Services)

Open for investment

• Only one Member State with reservations -

BG: For projects of national or regional significance, foreign investors have to act in partnership or as subcontractors of local investors.

EU Mode 4 Commitments in Engineering, Integrated Engineering & Construction Services

• CSS & IP

– CY, EE, EL, FR, IE, LU, MT, NL, PT, SI, SE, UK: None

– BG, CZ, DE, FI, HU, LT, RO, SK: Economic needs test

– FI: The natural person must demonstrate that (s)he possesses special knowledge relevant to the service being supplied.

– BE: ENT except for CSS when the annual wage is above the amount defined by the relevant laws and regulations.

– DK: ENT except for CSS stays of up to three months

No commitment for Construction Services

EU Mode 4 Commitments in Engineering, Integrated Engineering & Construction Services

• For Key personnel & Graduate trainees – reservations only in 5 Member States – EE, BG, EL, HU, SK (residency, citizenship, trade permit & specific authorization)

Construction Services - BG: Foreign specialists must have experience in the field of construction of at least two years

MT: Nationality condition

ATG commitments in Engineering services

Engineering design services for the construction of civil engineering works & Engineering design services for industrial processes and production)

• Modes 1, 2 & 3 – None (NT Mode 3 - Engineers must have a practical knowledge of the local conditions and be registered by the Engineer's Association Board)

Construction services for Hotels, restaurants and similar buildings • Modes 1, 2 - None

• Mode 3 – Joint venture required

• Mode 4 - Unbound & ENT for key personnel (business visitors, managers & specialists) & graduate trainees

Accounting

Accounting Commitments

Mode 1

Accounting & Bookkeeping Services

• 20 Member States have no reservations

• 6 Member States have reservations of unbound - maintained the ability to regulate/change the trade regime in the sector (FR, HU, IT, MT, RO, SI)

• 1, Austria requires application to national rules.

Accounting Commitments (cont’d.)

Auditing Services

• 6 Member States have no reservations

• 21 Member States have reservations of unbound

• 3 Member States have reservations of either nationality (AT) approval (SE) or to work in conjunction with an accredited auditor (LT)

Mode 2 - there are no limitations


Commercial presence Accounting & Bookkeeping Services • Only three Member States with reservations

– AT: Foreign accountants’ (who must be authorised according to the law of their home country) equity participation and shares in the operating results of any Austrian legal entity may not exceed 25 per cent, if they are not members of the Austrian Professional Body

– CY: Access is subject to economic needs test. Main criteria: the employment situation in the sub-sector.

– DK: In order to enter into partnerships with Danish authorised accountants, foreign accountant have to obtain permission from the Danish Commerce and Companies Agency.


Auditing Services 10 Member states with reservations these include;

– Limitations on equity participation

– Economic Needs Test (ENT) – main criteria is the employment situation in the sub-sector

– Residency requirements

– approval

Key Personnel & Graduate Trainees (Acc & BK Cont.)

Only 1 Member State with a reservation

• FR: Provision of accounting and bookkeeping services is conditional on a decision of the Minister of Economics, Finance and Industry, in agreement with the Minister of Foreign Affairs. The requirement of residence cannot exceed 5 years.

Auditing Services

• Residency or nationality requirements in 7 Members States

ATG commitments in Accounting, Auditing & Bookkeeping Services

ATG have scheduled accounting & auditing services • Modes 1 & 2 - None • Mode 3 - ATG: None. A Practicing Certification from

the Institute of Chartered Accountants of Antigua and Barbuda is necessary for commercial presence

• Mode 4 - Unbound & ENT for key personnel (business visitors, managers & specialists) & graduate trainees

CONSULTING SERVICES

Classification of Management Consulting Services (UNCPC)

• 86501 - General management consulting services

• 86502 - Financial management consulting services (except business tax)

• 86503 - Marketing management consulting services

• 86504 - Human resources management consulting services

• 86505 - Production management consulting services

• 86506 - Public relations services

• 86509 - Other management consulting services

EU Commitments in Management consulting Services

• Modes 1), 2) & 3) None

• CSS & IP - CY, DE, EE, EL, FR, IE, LV, LU, MT, NL, PT, SI, SE, UK: None.

• ES, IT, PL: Economic needs test for IPs

• BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations.

• DK: Economic needs test except for CSS stays of up to three months

• AT, BG, CZ, FI, HU, LT, RO, SK: Economic needs test.

EU Commitments in Services related to Management Consulting

• Modes 1) & 2) None

• Mode 3 - HU: Unbound for arbitration and conciliation services

• CSS & IP - CY, DE, EE, EL, FR, IE, LV, LU, MT, NL, PT, SI, SE, UK: None

• ES, IT, PL: Economic needs test for IPs

• BE: Economic needs test, except for CSS when the annual wage is above the amount defined by the relevant laws and regulations.

• DK: Economic needs test except for CSS stays of up to three months

• AT, BG, CZ, FI, HU, LT, RO, SK: Economic needs test.

ATG Commitments in Management Consulting & services relating to

Except 86506 - Public relations services

Mode 1, 2 & 3 – None

Mode 4 - Unbound except as indicated in the horizontal commitments

TELECOMMUNICATION SERVICES

Telecommunications Services

Section 4 - Sets the principles for telecommunications services other than broadcasting

Regulatory Authority

Body (bodies) charged with regulating telecoms

• Must be legally distinct & functionally independent & empowered to regulate the sector

• Task must be made public & easily accessible

• Decisions & procedures must be impartial

• Parties have the right to appeal to an indep. body

Authorisation

• Authorisation by notification • Terms & conditions must be made public • May be required to address issues of numbering &

frequencies • Where a license is required:

– the criteria & the reasonable time granting must be made publicly available;

– the reasons for denial shall be made known in writing to the applicant on request;

– the applicant shall be able to seek recourse before an appeal body where a licence is unduly denied;

– licence fees shall not exceed the administrative costs normally incurred in the management, control and enforcement of the applicable licences.

Competitive safeguards

• Subject to the regulatory framework set out for Telecoms. in ATG

• Major suppliers must be prevented from engaging in or continuing anti-competitive practices

Interconnection

• Authorised suppliers have the right to negotiate interconnection agreements

• Info. to be used solely for the purpose for which it was supplied

• interconnection shall be provided: – under non-discriminatory terms , conditions & rates and of a

quality no less favourable than that provided for its own like services or other affiliates;

– in a timely fashion, on terms, conditions and rates that are transparent & reasonable; and

– upon request, at points in addition to the network termination points offered to the majority of users (subject to charges that reflect the cost of construction of necessary additional facilities)

Interconnection (cont.)

• Procedures must be made publically available

• Interconn. agreements or reference offers must be made publically available by major suppliers

• A service supplier shall have recourse, to an independent domestic body to resolve disputes regarding appropriate terms, conditions and rates for interconnection

Universal service

• Parties have the right to define the kind of US obligations it wishes to maintain

• Obligations must be administered in a transparent, objective non-discriminatory manner

• All suppliers are entitled to ensure US

Telecommunications

• Parties must ensure confidentiality of data

• National regulatory authorities shall resolve disputes in a reasonable time

EU Commitments in Telecommunications Services

All services consisting of the transmission and reception of signals by any electromagnetic means, excluding broadcasting

• Modes 1, 2 & 3 None

• No commitments in mode 4

EU Commitments in Telecommunications Services

Satellite broadcast transmission services • Modes 1, 2 & 3 - EC: None except that service

providers in this sector may be subject to obligations to safeguard general interest objectives related to the conveyance of content through their network in line with the EU regulatory framework for electronic communications (Mode 3 no none) – BE: Unbound

• No commitments in mode 4

ATG Commitments in Telecommunications Services

Voice telephone services, Packet-switched data transmission services, Circuit-switched data transmission services, Telex services, Telegraph services, Facsimile Services & Private leased circuit services

• Mode 1 - By pass of exclusive operators not permitted until 2012. None as of January 1, 2012

• Mode 2 – None • Mode 3 - Reserved to exclusive operators until 2012. None as

of January 1, 2012 for international services • Mode 4 Unbound, ENT for key personnel (business visitors,

managers & specialists) & graduate trainees

FINANCIAL

SERVICES

Financial Services

Special provisions Section 5 Articles 103 – 108

• Means any service of a financial nature offered by a financial service supplier

• Comprises

– Insurance & insurance-related services

• Direct insurance (including co-ins.)

• Reinsurance & retrocession

• Insurance intermediation

• Services auxiliary to insurance

Financial Services (cont.)

• Banking & other financial services include:

– Acceptance of deposits etc.

– Leasing

– Payments & money transmission

– Guarantees & commitments

– Money brokering

– Settlement of clearing services

– Advisory, intermediation

Financial Services (cont.)

• Financial service supplier does not include a public entity – all natural or juridical persons providing financial services

• Public entity- central bank or monetary auth. Or entity owned or controlled by the Parties engaged in governmental functions

• New financial services – includes services related to existing or new products or the manner in which the product is delivered

Prudential carve-out

• Parties may adopt or maintain measures for prudential reasons

– Protection of investors, depositors etc.

– Ensure integrity & stability of the financial system

• Not required to disclose information relating to affairs & acc

Effective & transparent regulations

• New provision (GATS Plus)

• Provide measures either by official publication or in other written or electronic form to allow for comment

• Make available requirements for application to supply financial services

• Provide information on request of an applicant

• Parties shall endeavor to facilitate the implementation & application of int’l agreed standards for regulating & supervising the sector

New Financial Services

• Parties must permit financial service suppliers to provide any new financial service of a type similar to those permitted under its domestic law in like circumstances

• Where authorisation is required it shall be made within a reasonable time

Specific exceptions

Parties not prevented from conducting activities forming part of public retirement plans except where regul allows financial service supplier in competition with public entities or private institutions

Data processing

• Parties must allow transfer on information into & out of the territory for data process in the ordinary course of business

• Safeguards shall be adopted to protect privacy & fundamental rights & freedoms

EC Commitment (Modes 1&2) Insurance

• 20 Member States - Unbound for direct insurance services except for insurance of risks relating to: Maritime shipping and commercial aviation and space launching and freight (including satellites) & goods in international transit

• FR: Insurance of risks relating to ground transport may be carried out only by insurance firms established in the Community.

EC Commitment (Comm. Pres) Insurance

EC: Only firms having their registered office in the Community can act as depositories of the assets of investment funds. The establishment of a specialised management company, having its head office and registered office in the same Member State, is required to perform the activities of management of unit trusts and investment companies

EC Commitment (Modes 1) Banking

• 20 Member States (including France) -Unbound except for provision of financial information and financial data processing and for advisory and other auxiliary services excluding intermediation

ATG commitments in insurance services

• Life, accident & health insurance

• Reinsurance & retrocession

Modes 1, 2 & 3 – none

Mode 4 - Unbound except as indicated in the horizontal commitments

ATG Commitments Banking & other financial services

Very restrictive

• All payment & money transmission services

Modes 1 & 2 Unbound, Mode 3 None

INTERNATIONAL

MARITIME

TRANSPORT

SERVICES

Maritime Transport

Principles regarding liberalisation pursuant to the provisions on cross-border, commercial presence & temporary presence

• Int’l maritime transport – carriage of goods using

more than one mode of transport under a single contract (have the right to directly contract with providers of other modes of transport)

Principles regarding liberalisation (cont.)

• Maritime cargo handling – activities by stevedore companies, but not the direct activities of dockers.

The activities covered include the organisation and supervision of: – (i) the loading/discharging of cargo to/from a ship; – (ii) the lashing/unlashing of cargo; – (iii) the reception/delivery and safekeeping of cargoes

before shipment or after discharge;

Other activities defined

• customs clearance services

• container station and depot services

• maritime agency services

• freight forwarding services

Maritime Transport (cont.)

Considering the level of liberalisation Parties shall

• Apply unrestricted access to int’l maritime & trade on a commercial & non-discriminatory basis

• Grant to ships flying the flag of the other party no less favorable treatment


• Parties shall not introduce cargo-sharing arrangements in future bi-lateral agreements

• Upon entry Parties shall abolish and abstain from introducing any unilateral measures & administrative, technical & other obstacles


• Parties shall permit int’l maritime service suppliers to establish & operate under no less favorable conditions that those accorded to their own or third country suppliers, whichever is better

• Parties shall make available at the port on non-discrim. terms & conditions: – pilotage, towing and tug assistance, provisioning, fuelling and

watering, garbage collecting and ballast waste disposal, port captain’s services, navigation aids, shore-based operational services essential to ship operations, including communications, water and electrical supplies, emergency repair facilities, anchorage, berth and berthing services.

EU Commitments on Maritime Transport Services (Mode 3)

International passenger & freight transportation (except

nat’l cabotage) - Economic activities considered as public utilities

at a national or local level may be subject to public monopolies or to exclusive rights granted to private operators.

25 Member States - Unbound for the establishment of a registered company for the purpose of operating a fleet under the national flag of the State of establishment

17 Member States - Feedering services by authorisation

EU Services auxiliary to Maritime Transport

• a) Maritime Cargo Handling Services • b) Storage and warehousing Services • c) Customs Clearance Services • d) Container Station and Depot Services • e) Maritime Agency Services • f) Maritime Freight Forwarding Services • g) Rental of Vessels with Crew • h) Pushing and towing services • i) Supporting services for maritime transport • j) Other supporting and auxiliary services (including catering)

Services auxiliary to Maritime Transport (Mode 3)

• 26 Member States - For pushing and towing services and for supporting services for maritime transport unbound for the establishment of a registered company for the purpose of operating a fleet under the national flag of the State of establishment

• IT: Economic needs test for maritime cargo-handling services. Main criteria: number of and impact on existing establishments, population density, geographic spread and creation of new employment

EU Commitments on Maritime Transport Services (Modes 1 & 2)

• 17 Member States have - Feedering services by authorisation.

• EC: Unbound for customs clearance services and for container station and depot services

Services auxiliary to Maritime Transport (Modes 1 & 2)

Mode 1

• EC: Unbound for customs clearance services and for container station and depot services

• 25 - Unbound for maritime cargo handling services

• 24 - Unbound for storage and warehousing services

• 19 - Unbound for pushing and towing services

• 14 - Unbound for rental of vessels with crew

Mode 2

• None

ATG Commitments on Maritime Transport Services

Passenger (less cabotage) • Modes 1, 2 – None • Mode 3 - (a) Establishment of a registered company for

the purpose of operating a fleet under the national flag of the State of establishment: Unbound; b) Other forms of commercial presence for the supply of international maritime transport services: None

Freight transportation (less cabotage) • Modes 1 & 2 – None, Mode 3 – Unbound

Mode 4 - Unbound except as indicated in the horizontal commitments - ENT for KP, GT & BV


1. Rental of vessels with crew (Less cabotage)

2. Maintenance & repair of vessels

• Modes 1, 2 & 3 - None

• Mode 4 - Unbound except as indicated in the horizontal commitments - ENT for KP, GT & BV


Vessel salvaging and refloating services

• Modes 1, 2 & 3 – None

Ship Registration

• Modes 1 & 2 – None

• Mode 3 - Unbound

Mode 4 - Unbound except as indicated in the horizontal commitments - ENT for KP, GT & BV

Services auxiliary to Maritime Transport

Storage and warehouse services

• Mode 1 – Unbound *

• Mode 2 & 3 – None

• Mode 4 - Unbound except as indicated in the horizontal commitments - ENT for KP, GT & BV

Summary of CARIFORUM commitments • In the majority of States there are no limitations in

modes 1 & 2 – Reflective of the importance on these modes for trade in

services (for mode 1 have to take into consideration rates for telecommunication services)

• Mode 3 is much more restrictive - Mostly unbound or joint venture requirements – Reflects the need to develop regulations and contribution

to the sector through joint ventures

• Mode 4 limited commitments - subject to ENT (availability of skills in the market) – Reflects the endeavor to encourage the development of

small/individual suppliers

CULTURE

&

ENTERTAINMENT

Classification of other Entertainment Services (UNCPC)

• 96191 Theatrical producer, singer group, band and orchestra entertainment services

• 96192 Services provided by authors, composers entertainers and other individual artists

• 96193 Ancillary theatrical services n.e.c. • 96194 Circus, amusement park and similar attraction

services • 96195 Ballroom, discotheque and dance instructor

services • 96199 Other entertainment services n.e.c.

Protocol on Cultural Cooperation

• Based on the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions;

• Speaks to having ratified or intending to do so promptly;

• Highlights the importance of cultural cooperation taking into consideration the degree of development of cultural industries, imbalances of cultural exchanges and the existence of preferential schemes for the promotion of cultural content

Cultural Cooperation Protocol (cont.)

• Sets the framework for cooperation;

• Improve conditions for exchange of cultural activities & redressing the structural imbalances & asymmetrical patterns;

• Preferential treatment for cultural exchanges & dialogue

– to develop cultural policies & industries;

– create opportunities for cultural goods & services; and

– Foster good practices in IP


• Training and increased contacts between artists and other cultural professional & practitioners; and

• Facilitate the temporary stay of cultural professionals & practitioners for a period of 90 days within 12months; Provided they are not engaged in selling their services to the general public; do not receive remuneration in the territory of temporary stay, not to engage through a contract outside of the territory of temporary stay


• Technical Assistance for the development of cultural industries; implementation of cultural policies and promoting production & exchange; and for the usage and transfer of technologies and know-how;

• Promotion of networks; encourage joint productions;

• dissemination of publications


Audio-visual

• Negotiation & implementation of co-production agreements

• Facilitate access to co-production agreements

• EC wide access for co-production

• Access to funding for the creative sector

• Cooperation on standards to ensure compatibility & interoperability of technologies

• Facilitate rental & leasing of technical material & equipment.

• Facilitate the digitalisation of audio-visual archives

“European Works”

Directive 89/552/EEC Works co-produced within the frameworks of agreements

concluded between the Community & third countries shall be deemed to be European works provided that: – the co-producers from the Community supply a

majority share of the total cost of production and that the production is not controlled by one or more producers established outside the territory of the Member States

EU Commitments in Entertainment Services

Mode 1

• 25 Member States have scheduled Unbound

Mode 2

• CY, CZ, FI, MT, PL, RO, SK, SI: Unbound

• BG: Unbound, except for theatrical producer, singer group, band and orchestra entertainment services (CPC 96191); services provided by authors, composers, sculptors, entertainers and other individual artists (CPC 96192); ancillary theatrical services (CPC 96193)

• EE: Unbound for other entertainment services (CPC 96199), except for cinema theatre services

• LT, LV: Unbound, except for cinema theatre operation services (part of CPC 96199)

EU Commitments in Entertainment Services (cont’d)

Mode 3 • CY, CZ, FI, MT, PL, RO, SI, SK: Unbound

• BG: Unbound except for theatrical producer, singer group, band and orchestra entertainment services (CPC 96191), services provided by authors, composers, sculptors, entertainers and other individual artists (CPC 96192) and ancillary theatrical services (CPC 96193)

• EE: Unbound for other entertainment services (CPC 96199) except for cinema theatre services

• LV: Unbound except for cinema theatre operation services (part of CPC 96199)

EU Commitments in Entertainment Services (cont’d)

• 26 Member States (excluding Belgium) granted access under Entertainment services (other than audio-visual) for CSS

– EC 15 Provisionally in 2008

– EC10 after 3 years

– Bulgaria & Romania after 5 years

• Key personnel & graduate trainees

– FR: The necessary authorisation for the access to management functions is subject to a condition of nationality when the authorisation for more than two years is required

ATG Commitments in Entertainment Services

Modes 1, 2 & 3 - None

Mode 4 - Unbound except as indicated in the horizontal commitments - ENT for KP, GT, BV, CSS & IP

TOURISM

SERVICES

Tourism Services

• Introduces disciplines on prevention of anticompetitive practices

– Tour operators, travel agencies, CRS

• No unfair prices, exclusivity clauses, refusal to deal, tied sales or quantity restrictions

• Facilitate transfer of technology to establishments

– What is needed?

• Facilitate the participation of SME in the tourism sector

– What is preventing their full participation?

Tourism Services

• Cooperate on MR

– Which of the disciplines to begin with

– Who to seek partnership with in the EU

• Provides for addressing environmental & quality standards – must not constitute unnecessary barriers to trade & allow for CF participation in int’l standard setting organ.

– Determine the activities that the sector wants to participate in

Development Cooperation in Tourism

• Takes into consideration asymmetries

• Subject to Article 7 of the Agreement

– Upgrade nat’l accounting systems

• Introduction of the TSA

– Develop capacity for environmental management

– Facilitate the development of marketing strategies for SME’s

– Provide for exchange programmes & training, including languages

• Development of projects to address the areas highlighted

Exchange of information and consultation

• Modalities for dialogue to be developed by the Trade and development Committee

• Private and other relevant stakeholder to be part of the dialogue

• Regular dialogue on the issuance of travel advisories

EU Commitments in Tourism (Cross-border/Modes 1 & 2)

Hotels, Restaurant & Catering Services

• All except for 3 Member States have unbound, except for catering services (EE, FI, HU)

Travel Agencies & Tour Operators

• 2 Member States with Unbound (BG & HU)

Tourist Guides Services

• 10 Member States with Unbound

No limitations under modes 2

EU Commitments in Tourism (Establishment/Mode 3)

• Hotel, Restaurant & catering - Only two Member States with reservation (BG – no branches & IT - ENT)

• Travel agencies & Tour operators - Only two Member States with reservation (BG & PT)

• No limitations for Tourist Guides Services

Persons can therefore go to the EU and establish in the sectors listed subject to conditions

EU Commitments in Tourism (Key Personnel/Mode 4)

• BG: The number of foreign managers is not to exceed the number of managers who are Bulgarian citizens, in cases where the public (state and/or municipal) share in the equity capital of a Bulgarian company exceeds 50 per cent

EU Commitments in Tourism (CSS/Mode 4)

• Chef de cuisine services(part of CPC 87909)

– EC: Advanced technical qualification and at least 6 years of demonstrable work experience at the level of chef de cuisine may be required. Economic needs test. (Where the qualification has not been obtained in the EC and its Member States, the Member State concerned may evaluate whether this is equivalent to the qualification required in its territory.)

EU Commitments in Tourism (CSS/Mode 4)

Travel Agencies and Tour Operators Services • 14 Member States - None • 12 Member States - ENT • 1 Member State – Unbound

Tourist Guides Services • 21 Member States – ENT • 5 Member States - Unbound • 1 Member State – None (SE)

ATG Commitments in Tourism (cont’d)

Hotel Management

Modes 1, 2 & 3 – No reservations

Marina Services

Modes 1 & 2 None; Mode 3 - For vessels 30-100 feet, marinas with more than 100 slips. For vessels over 100 feet, marinas with less than 100 slips; 4) None

Spa Services

Modes 1 & 2 - None; 3) Joint venture required

Mode 4 Unbound except as indicated in the horizontal section (ENT for KP, GT)

ATG Commitments in Tourism

Hotels, Restaurants and Catering Services

Mode 1 - Unbound

Mode 2 & 3 - No reservations (None)

Mode 4 – Unbound except as indicated in the horizontal section (ENT for KP, GT)

Persons from the EU can therefore come to Antigua and enjoy these services as well as establish business

CARIFORUM Commitments in Tourism (Cont’d)

Spa Services

• ATG, BRB, BEL, DMA, DOM, GRD, JAM, KNA, VCT, SUR, TTO

– Modes 1 & 2 - All others None except TTO 1 & 2 – Unbound

– Mode 3 – All other None except ATG & KNA - Joint venture required & VCT - Unbound

Mode 4 – Unbound except as indicated in the horizontal section (ENT for KP, GT)

Summary of CARIFORUM Commitments in Tourism

Commercial Presence

• CARIFORUM countries were generally liberal in their offer on commercial presence for Hotels, Restaurants and Catering with limitations such as ENTs relating only to small hotels & nationality conditions in Trinidad and Tobago

• For Travel Agencies and Tour Operators, there were limited commitments (only 5 Member States)

• For Tourist guide services only the DR which had no limitations except for mode 4

Summary of CARIFORUM Commitments in Tourism (cont.)

Temporary presence of natural persons for business purposes

• Limited commitments on CSS and IP, with most states scheduling “Unbound except for horizontal commitments” - Except in Hotel Development, where Dominica and Grenada have limited entry to the managerial and specialist skill level. In Marina services, 3 of the 12 scheduling countries, Antigua and Barbuda, St. Lucia and Trinidad and Tobago, scheduled none for all categories except CSS and IP.

Summary of CARIFORUM commitments

• In the majority of States there are no limitations in modes 1 & 2 – Reflective of the importance on these modes for trade in

services (for mode 1 have to take into consideration rates for telecommunication services)

• Mode 3 is much more restrictive - Mostly unbound or joint venture requirements – Reflects the need to develop regulations and contribution to

the sector through joint ventures

• Mode 4 limited commitments - subject to ENT (availability of skills in the market) – Reflects the endeavor to encourage the development of

small/individual suppliers

CHALLENGES

OPPORTUNITIES

Challenges

• Absence of tax treaties to avoid double taxation • Foreign exchange controls • Language • Ignorance of cultural norms, customs and values • Protectionist policies • Meeting the right people • Cost of travel • Ignorance of the laws • Residential status requirement in some EU States • Absence of harmonisation and accreditation between

institutions in CF & the EU

Challenges

• Small size of firms

• Lack of business operation in the EU

• Unwillingness to collaborate

• Need to revise, implement & enforce required legislation

Opportunities

• Openness to foreigners

• Use of English

• Access to other markets (Also the link between the FCORs and the mianland)

• Contacts in place

• Pricing

• Positive attitude towards joint ventures/partnerships

• Diaspora populations

• Implementation of the Agreement

• Removal of the visa requirement for the FCORs

• Access to the FCORS - regular LIAT flights

• Utilizing the expertise in the FCORS to meet standards to access the EU markets

Opportunities

• Special opportunity for joint ventures

• Ability to add unique value-added

• Some States in the region have resources and personnel to provide training in some areas

• Promoting investment to increase demand

Observations

Entertainment Services

Challenges – Need to be viewed as a business

– Lack of organization among practitioners

– Lack of venture capital

– Lack of standards & monitoring

– Standards to be met in the EU is very expensive (Audio visual)

– The issue of languages – requirement for sub-titles or dubbing

Entertainment services (cont’d.)

Opportunities – Trust in education to involve training in arts – Real niche market due to unique value-added – Contribution to the tourism – Development of a clearing house mechanism – cultural expo as an avenue to attract & foster investment

Entertainment services cont.

Weaknesses – Lack of investment

– Lack of training

– Angle of creativity – need for creative expertise

– Absence of sufficient specialists

– Insufficient draftspersons to prepare domestic legislation

– Lack of for a to involve ideas of everyday cultural practitioners

– Lack of established mechanism for registration & certification

– Lack of proper functioning of accreditation bodies

Observations (Architectural Services)

Challenges

– Need for retraining to meet EU standards

– Cultural impact of the inflow of providers

– Need to change the mind set to exporting

– Tax structure hinders ability to compete

– Implementation of required legislation

Opportunities

– Joint ventures can facilitate operation in the sector

Observations (Engineering Services)

Challenges

– Educational system not adapted to the EU regulations & standards

– Lack of funds for increased training & investment in upgrading of educational facilities

– Two different levels of qualifications – Implementation of required legislation – 3 year Engineering degree not recognized within the region – Lack of efficient regulation – Asymmetry of qualified engineers within the region

Opportunities

– Joint ventures can facilitate operation in the sector – Promoting investment to increase demand – Special opportunity for joint ventures

Other issues to consider (Demand-side)

Demand-side issues (market access, consumers, target markets, regulatory regimes)

• Which sectors are of priority • Which EU Markets are priority targets • Determine the regulatory requirements for access • Identify persons & companies in the EU for partnership • Need to MRA to capitalize upon opportunities

Other issues to consider (Supply-side)

Supply-side issues (Competitiveness, product quality, HR, Technological capabilities)

• develop a central point for negotiating different aspects of cultural • Identify best practices & standards for MR • Need to develop capacity to meet nat’l & int’l standards • Increased investment in new technologies • Technical assistance for professional development • Development of policies and legislation • Provide training to contest the EU market

Implementation issues

• CARIFORUM-EC cooperation and regional CARIFORUM integration

• Future Liberalisation – Identification of new sectors and the conditions of liberalisation

• Facilitatory Measures, Sectoral Measures & Measures on Mode of Supply

• Analysis of regulatory framework - Amending legislation & adopting new – Harmonisation & enactment of a modern regulatory framework

Implementation issues (cont.)

• Ensure MA & NT granted in accordance with the schedule

– CF & EU

– Analysis of schedule to det. opportunities avail.

– What is needed for market penetration

• Train specialists to monitor other FTAs and address granting/receipt of MFN to service providers

• Develop policies and legislation to govern the behaviour of investors & maintenance of standards on investments


• Conduct nat’l consultations toward development of policies and legislation for the implementation of provisions & commitments in services & investment

• Conduct nat’l consultations towards the future liberalisation of services & investment commitments

• Review legislation & implement new legislation to facilitate trade in all sectors liberalised – assessment being conducted

• Complete the process of the CARICOM – DR services schedule

Implementation (cont.)

• Develop a national strategic development plan

• Development/implementation of required legislation for registration & certification

• Training

• Development/amendment of legislation to address the use of title and practice as an architect & engineer


Movement of Natural Persons –

• Mechanism to address the ENT

– Collection of data

– Thorough assessment of what policy is in place for temporary entry

– What labour market test is in place (national & regional)

• How do we assess the HR needs

• Effect given to the definitions & terms for Temporary presence

• Sensitization of all stakeholders on legal requirements for temporary movement

– Training seminars with immigration & labour officials


• Development of projects for the sustainable development of tourism

• Establishment of programmes for environmental & quality standards applicable to tourism services

• Determine what are the technological needs of established tourism services industries

• Determine what is needed for the better participation of SME in the tourism sector

• Determine what are the development cooperation and technical assistance needs of the tourism sector.

Implementation (cont.)

• Government policies on culture and trade, intellectual property, ICT, industrial and innovation upgrading etc developed

• Model Co-production Treaty prepared

• Harmonized regional policies based on the Protocol prepared

• Market intelligence gathering system introduced

• Coordinated regional system for the classification, registration and certification of cultural professionals developed

• Technical assistance needs identified to strengthen industry associations and support services for the cultural industries

• Technical assistance needs of the different sectors identified


• establishment of enquiry points

• facilitate prior publication of new measures;

• specify and publicize application requirements;

• establish mechanisms for the timely response to application queries

• Create the policy framework for conducting e-commerce

• Develop & implement legislation on ICT

• Thorough analysis of development cooperation needs for the services sector

– Development of proposals & projects

Way forward (cont.)

• What is necessary for your sector to become more competitive

• What activities must be undertaken to implement the provisions

• What you need to know about the EU & DR market

• How the cooperation provisions can assist your development

• Do you have the relevant laws & regulations in place

• Do you have the necessary technology

• Where is training required

• How effective is the organizational structure

• How do non-nationals operate in the market

• Greater collaboration/coordination between Ministries and agencies

Way forward

• Implement the provisions of the CSME that will allow for the free movement of Service Suppliers; – Registration, Certification, Recognition & MR

• Implement necessary regulations for the regulatory and administrative operation of professionals;

• Determine the areas of interest for developing co-production agreements – Negotiation of regional co-production agreements

• Determine the sectors of interest for exporting • Create the relevant professional bodies to discuss with

EU counterparts and agree on professional standards

Way forward

• More public-private collaboration

• Government-Government collaboration

Thank you