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MODE 4 India-Singapore CECA - PowerPoint PPT Presentation


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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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salient features of ceca services
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
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
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 features5
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
spouses and dependents
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
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 transparency14
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
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
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 12017
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
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
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
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 negotiations21
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