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SEMINAR ON THE CARIFORUM-EU ECONOMIC SEMINAR ON THE CARIFORUM-EU ECONOMIC PARTNERSHIP AGREEMENT (EPA) FOR PARTNERSHIP AGREEMENT (EPA) FOR LEGISLATIVE DRAFTERS LEGISLATIVE DRAFTERS TRADE IN SERVICES TRADE IN SERVICES S. H. Allyson Francis S. H. Allyson Francis Trade in Services & Investment Specialist Trade in Services & Investment Specialist CARICOM Secretariat EPA Implementation CARICOM Secretariat EPA Implementation Unit Unit [email protected] [email protected] 1

EPA Presentation for Legislative Drafters - Ms. Allyson Francis

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CARIFORUM-EU Economic Partnership Agreement - Trade in ServicesMs. S. H. Allyson FRANCIS, Trade in Services and Investment Specialist, EPA Implementation Unit, CARICOM Secretariat

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Page 1: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

SEMINAR ON THE CARIFORUM-EU SEMINAR ON THE CARIFORUM-EU ECONOMIC PARTNERSHIP AGREEMENT ECONOMIC PARTNERSHIP AGREEMENT

(EPA) FOR LEGISLATIVE DRAFTERS(EPA) FOR LEGISLATIVE DRAFTERS

TRADE IN SERVICESTRADE IN SERVICES

S. H. Allyson FrancisS. H. Allyson FrancisTrade in Services & Investment SpecialistTrade in Services & Investment Specialist

CARICOM Secretariat EPA Implementation UnitCARICOM Secretariat EPA Implementation [email protected]

[email protected]

Page 2: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

The EPAThe EPA

ObjectivesObjectives Reduction & eventual eradication of poverty Reduction & eventual eradication of poverty

through trade partnership;through trade partnership; Promoting regional integration, economic Promoting regional integration, economic

cooperation and good governance;cooperation and good governance; Promoting the integration of CARIFORUM (CF) Promoting the integration of CARIFORUM (CF)

States into the world economy;States into the world economy; Support for increasing investment & private sector Support for increasing investment & private sector

initiative; andinitiative; and Strengthening relations taking into consideration Strengthening relations taking into consideration

levels of development and int’l obligationslevels of development and int’l obligations

Page 3: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Services tradeServices tradeServices are traded by four modesServices are traded by four modes Mode 1 - Cross-border tradeMode 1 - Cross-border trade (the supplier or (the supplier or

the consumer do not move e.g. advisory services the consumer do not move e.g. advisory services via the internet, providing drafts);via the internet, providing drafts);

Mode 2 - Consumption abroadMode 2 - Consumption abroad (the consumer (the consumer moves to obtain the service e.g. tourism, non-moves to obtain the service e.g. tourism, non-national purchasing Architectural services paid national purchasing Architectural services paid from their home country);from their home country);

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

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

Page 4: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

SchedulingSchedulingPositive listing of restrictions in services sectors – what Positive listing of restrictions in services sectors – what

is listed is liberalised (may contain restrictions) is listed is liberalised (may contain restrictions) None – No discriminatory legislation/regulationsNone – No discriminatory legislation/regulations Unbound - States have the ability to regulate/change Unbound - States have the ability to regulate/change

the trade regime in the sectorthe trade regime in the sector Unbound * - Not feasibleUnbound * - Not feasible

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

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

Page 5: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Services TitleServices Title

Chapter 1 – General ProvisionsChapter 1 – General Provisions Chapter 2 – Commercial PresenceChapter 2 – Commercial Presence Chapter 3 – Cross Border Supply of ServicesChapter 3 – Cross Border Supply of Services Chapter 4 - Temporary Presence of Natural Chapter 4 - Temporary Presence of Natural

Persons for Business PurposePersons for Business Purpose Chapter 5 – Regulatory Framework Chapter 5 – Regulatory Framework (MR, (MR,

Computer, Courier, Telecom, Financial, Computer, Courier, Telecom, Financial, Int’l Maritime & Tourism)Int’l Maritime & Tourism)

Chapter 6 – Electronic CommerceChapter 6 – Electronic Commerce Chapter 7 - CooperationChapter 7 - Cooperation

Page 6: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

General Provisions General Provisions An arrangement for the progressive, reciprocal An arrangement for the progressive, reciprocal

& asymmetric liberalization& asymmetric liberalization Do not apply to subsidiesDo not apply to subsidies States retain the right to regulate & introduce States retain the right to regulate & introduce

new regulations to meet legitimate policy new regulations to meet legitimate policy objectivesobjectives

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

Measure must not be applied to nullify or impair Measure must not be applied to nullify or impair benefitsbenefits

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

Page 7: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

General Provisions (cont’d)General Provisions (cont’d)

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

Recognize the importance of Regional Recognize the importance of Regional IntegrationIntegration

Does not include activities in the exercise of Does not include activities in the exercise of governmental authoritygovernmental authority

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

Page 8: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Market Access (MA)Market Access (MA) Parties shall accord treatment no less Parties shall accord treatment no less

favorable than that provided for in the specific favorable than that provided for in the specific commitmentscommitments

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

monopolies, exclusive rights or other monopolies, exclusive rights or other requirements such as ENT)requirements such as ENT)

the total value of transactions or assetsthe total value of transactions or assets the total number of operations or quantity of the total number of operations or quantity of

outputoutput the participation of foreign capitalthe participation of foreign capital specific types of commercial presencespecific types of commercial presence

Page 9: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

National Treatment (NT)National Treatment (NT)

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

Page 10: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Most-Favored Nation Treatment Most-Favored Nation Treatment (MFN)(MFN)

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

CF shall accord treatment no less favorable CF shall accord treatment no less favorable than the most favorable accorded to any than the most favorable accorded to any major trading economy major trading economy – (major trading – (major trading economy is any country with more than 1% economy is any country with more than 1% world share in merchandise trade or group with world share in merchandise trade or group with more that 1.5%) more that 1.5%)

Page 11: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Temporary Presence of Natural Temporary Presence of Natural Persons for Business PurposesPersons for Business Purposes

Key Personnel – Key Personnel – National employed by a legal National employed by a legal entity responsible for setting up or the proper control entity responsible for setting up or the proper control ((all sectors liberalised under mode 3) all sectors liberalised under mode 3) Business visitors – Business visitors – must be in a senior must be in a senior

position, do not engage in direct transaction with position, do not engage in direct transaction with the gen. public & do not receive payment from a the gen. public & do not receive payment from a source in the hostsource in the host

Intra-corporate transfers – Intra-corporate transfers – must have been must have been employed or partners for at least 1year, transferred employed or partners for at least 1year, transferred on a temporary basison a temporary basis Managers Managers (directing, supervising auth. to (directing, supervising auth. to

recruit or dismiss or recom.)recruit or dismiss or recom.) Specialists Specialists (must possess uncommon (must possess uncommon

knowledge)knowledge)

Page 12: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Temporary Presence of Natural Temporary Presence of Natural Persons (cont.)Persons (cont.)

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

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

Page 13: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Business Service Sellers (BSS)Business Service Sellers (BSS)

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

For all sector liberalizedFor all sector liberalized Temporary entry for 90daysTemporary entry for 90days Do not engage in making direct sales to the Do not engage in making direct sales to the

publicpublic Do not receive remuneration from a source in Do not receive remuneration from a source in

the host Statethe host StateFor all sectors liberalised under modes 1, 2 & 3 For all sectors liberalised under modes 1, 2 & 3

Page 14: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Contractual Services Suppliers Contractual Services Suppliers

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

ConditionsConditions Must have a registered business or an employee of Must have a registered business or an employee of

a juridical persona juridical person Must possess a university degree or equivalent and Must possess a university degree or equivalent and

professional qualifications (except fashion model professional qualifications (except fashion model chef de cuisine & entertainment);chef de cuisine & entertainment);

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

Page 15: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Conditions for CSS (cont.)Conditions for CSS (cont.)

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

Must possess at least three years professional Must possess at least three years professional experience;experience;

Remuneration only for the contract; andRemuneration only for the contract; and Subject to Economic Needs Test (ENT) -Subject to Economic Needs Test (ENT) - The The

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

Page 16: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Independent ProfessionalIndependent ProfessionalNational, self-employed with no commercial presence National, self-employed with no commercial presence

in the other territory, have concluded a bona fide in the other territory, have concluded a bona fide contract requiring temporary presence to fulfillcontract requiring temporary presence to fulfill

ConditionsConditions Self employedSelf employed Must possess a university degree or equivalent and Must possess a university degree or equivalent and

professional qualifications;professional qualifications; Must first obtain a service contract must not exceed a Must first obtain a service contract must not exceed a

period of twelve months (temporary entry and stay not period of twelve months (temporary entry and stay not more than 6 months);more than 6 months);

Must have at least 6 years professional experience at Must have at least 6 years professional experience at the date of application;the date of application;

Subject to Economic Needs Test (ENT)Subject to Economic Needs Test (ENT)

Page 17: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Other ProvisionsOther ProvisionsShort Term visitors for business purposesShort Term visitors for business purposes

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

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

Temporary stay up to 90 daysTemporary stay up to 90 days

Page 18: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Mutual Recognition (MR)Mutual Recognition (MR)

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

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

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

Page 19: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

MR (cont.)MR (cont.)

Start with accounting, architecture, Start with accounting, architecture, engineering & tourismengineering & tourism

Recommendations to be reviewed by the Joint Recommendations to be reviewed by the Joint Committee for consistencyCommittee for consistency

If consistent negotiate through comp. auth a If consistent negotiate through comp. auth a MRAMRA Consistent with GATS Art. VII – Consistent with GATS Art. VII – , shall not be in a , shall not be in a

manner which constitutes a means of discrim. between manner which constitutes a means of discrim. between countries in its application & shall afford oppor. for other countries in its application & shall afford oppor. for other interested Mem to negot.interested Mem to negot.

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

Page 20: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

TransparencyTransparency

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

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

Establish enquiry pointsEstablish enquiry points May not be depositories of laws & regulations May not be depositories of laws & regulations

Respond promptly to request for informationRespond promptly to request for information

Page 21: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

ProceduresProcedures

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

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

Page 22: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

E-CommerceE-Commerce

Recognises e-commerce increases trade Recognises e-commerce increases trade opportunitiesopportunities

Agree to cooperate & promote the development Agree to cooperate & promote the development of e-commerceof e-commerce

Must be compatible with the highest int’l Must be compatible with the highest int’l standards of data protectionstandards of data protection

Deliveries considered provision of servicesDeliveries considered provision of services Dialogue or regulation (exchange of information) Dialogue or regulation (exchange of information)

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

Page 23: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Contractual Service Suppliers Contractual Service Suppliers (CSS)(CSS)

The EC made commitments in 29 sectorsThe EC made commitments in 29 sectors For the EC 10 commitments enter into force in For the EC 10 commitments enter into force in

20112011 For Bulgaria & Romania 2014For Bulgaria & Romania 2014

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

Page 24: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Areas of access for Areas of access for CARIFORUM CSS in the EUCARIFORUM CSS in the EU

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

2.2. Accounting and bookkeeping servicesAccounting and bookkeeping services3.3. Taxation advisory servicesTaxation advisory services4.4. Architectural servicesArchitectural services5.5. Urban planning and landscape architecture Urban planning and landscape architecture

servicesservices6.6. Engineering servicesEngineering services7.7. Integrated Engineering servicesIntegrated Engineering services8.8. Medical and dental servicesMedical and dental services9.9. Veterinary servicesVeterinary services10.10. Midwives servicesMidwives services

Page 25: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

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

1111.. Services provided by nurses, physiotherapists Services provided by nurses, physiotherapists and paramedical personneland paramedical personnel

12. 12. Computer and related servicesComputer and related services13. 13. Research and development servicesResearch and development services14.14. Advertising servicesAdvertising services15.15. Market Research and Opinion PollingMarket Research and Opinion Polling16.16. Management consulting servicesManagement consulting services17.17. Services related to management consultingServices related to management consulting18.18. Technical testing and analysis servicesTechnical testing and analysis services19.19. Related scientific and technical consulting Related scientific and technical consulting

servicesservices20.20. Maintenance and repair of equipmentMaintenance and repair of equipment

Page 26: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

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

21.21. Chef de cuisine servicesChef de cuisine services22.22. Fashion model servicesFashion model services23.23. Translation and interpretation servicesTranslation and interpretation services24.24. Site investigation workSite investigation work25.25. Higher education services (only privately-funded Higher education services (only privately-funded

services)services)26.26. Environmental servicesEnvironmental services27.27. Travel agencies and tour operators' servicesTravel agencies and tour operators' services28.28. Tourist guides servicesTourist guides services29.29. Entertainment services other than audiovisual Entertainment services other than audiovisual

serviceservicess

Page 27: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Areas of access for CARIFORUM IP in the Areas of access for CARIFORUM IP in the EUEU

Market access was granted in 11 sectors.Market access was granted in 11 sectors.1.1. Legal advisory services in respect of international Legal advisory services in respect of international

public law and foreign law (i.e. non-EU law)public law and foreign law (i.e. non-EU law)2.2. Architectural servicesArchitectural services3.3. Urban planning and landscape architecture servicesUrban planning and landscape architecture services4.4. Engineering servicesEngineering services5.5. Integrated Engineering servicesIntegrated Engineering services6.6. Computer and related servicesComputer and related services7.7. Research and development servicesResearch and development services8.8. Market Research and Opinion PollingMarket Research and Opinion Polling9.9. Management consulting servicesManagement consulting services10.10. Services related to management consultingServices related to management consulting11.11. Translation and interpretation servicesTranslation and interpretation services

Page 28: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Movement of Natural PersonsMovement of Natural Persons

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

Page 29: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

INVESTMENTINVESTMENT

Page 30: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Elements of the investmentElements of the investment provisions provisions

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

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

Page 31: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Behavior of investorsBehavior of investors

Parties shall take measures toParties shall take measures to:: Forbid & held liable investor who offers, promises or gives undue Forbid & held liable investor who offers, promises or gives undue

benefits to any public official;benefits to any public official; Most legislation addresses public officials have to also Most legislation addresses public officials have to also

address investorsaddress investors Ensure investors act in accordance with core labour standards;Ensure investors act in accordance with core labour standards;

Freedom of association; elimin. of forced labour; abolition of Freedom of association; elimin. of forced labour; abolition of child labour; and elimin. of discrimination in the work placechild labour; and elimin. of discrimination in the work place

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

Ensure investors establish local community liaison processesEnsure investors establish local community liaison processes Especially in projects involving extensive natural resource-Especially in projects involving extensive natural resource-

based activitiesbased activities

Page 32: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Standards & ReviewStandards & Review

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

With a view to progressive liberalisation review the With a view to progressive liberalisation review the investment framework no later than three years after investment framework no later than three years after entry into force of the Agreement.entry into force of the Agreement. What legislation relates to investmentWhat legislation relates to investment Is the environment conducive to investmentIs the environment conducive to investment What is the flow of investment between Europe and What is the flow of investment between Europe and

Antigua & BarbudaAntigua & Barbuda Which areas of investment should be targeted for Which areas of investment should be targeted for

EuropeansEuropeans

Page 33: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Schedule:Schedule:Non-services investmentNon-services investment

Sectors coveredSectors covered Agriculture, hunting & forestryAgriculture, hunting & forestry FishingFishing Mining & quarryingMining & quarrying ManufacturingManufacturing Production, transmission & distribution of Production, transmission & distribution of

electricity, gas, steam & hot waterelectricity, gas, steam & hot water

Page 34: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Investment ScheduleInvestment Schedule

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

Schedule is not a commitment on privatisationSchedule is not a commitment on privatisation Right to regulate to meet national policy objectiveRight to regulate to meet national policy objective Only discriminatory measures/limitation listedOnly discriminatory measures/limitation listed No rights directly to natural or juridical personsNo rights directly to natural or juridical persons Does not include measures concerning subsidiesDoes not include measures concerning subsidies Does not include measures relating to qualification Does not include measures relating to qualification

requirements and procedures, technical standards requirements and procedures, technical standards and licensing requirements and procedures (even if and licensing requirements and procedures (even if not listed, apply in any case to investors of the other not listed, apply in any case to investors of the other Party)Party)

Page 35: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

CooperationCooperation

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

regulations & standards of the EC;regulations & standards of the EC; Improve export capacity particularly marketing Improve export capacity particularly marketing

of tourism & cultural services, SMEs;of tourism & cultural services, SMEs; Facilitate interaction & dialogue;Facilitate interaction & dialogue;

Page 36: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Cooperation (cont.)Cooperation (cont.)

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

Developing & implementing regulatory Developing & implementing regulatory regimes; andregimes; and

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

Page 37: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Computer & RelatedComputer & Related

ServicesServices

Page 38: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Computer & RelatedComputer & RelatedServicesServices Commitments made based on understanding in the Commitments made based on understanding in the

Section 2Section 2 Covers the basic functions used to provide all computer Covers the basic functions used to provide all computer

and related servicesand related services Includes consulting, strategy, analysis, planning, Includes consulting, strategy, analysis, planning,

specification, design, development, installation, specification, design, development, installation, implementation, integration, testing, debugging, implementation, integration, testing, debugging, updating, support, technical assistance, or management updating, support, technical assistance, or management of or for computers or computer systems, computer of or for computers or computer systems, computer programms, data porcessing, data storage, data hosting programms, data porcessing, data storage, data hosting or database services, maintenance & repair & trainingor database services, maintenance & repair & training

Content of core services such as banking is not included Content of core services such as banking is not included

Page 39: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

EU Commitments in Computer EU Commitments in Computer & Related Services& Related Services

Modes 1, 2 & 3 - NoneModes 1, 2 & 3 - None CSS & IPCSS & IP

CY, DE, EE, EL, FR, IE, LU, MT, NL, PT, CY, DE, EE, EL, FR, IE, LU, MT, NL, PT, SI, SE:SI, SE: None. None.

15 Member States with ENT ES, IT, 15 Member States with ENT ES, IT, PLPL: Economic needs test for independent : Economic needs test for independent professionals.professionals.

Page 40: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

LCA Commitments in Computer LCA Commitments in Computer & Related Services& Related Services

Consultancy services related to the Consultancy services related to the installation of computer hardwareinstallation of computer hardware

(MA) (MA) Modes 1 & 2 Modes 1 & 2 – Unbound– Unbound Mode 3Mode 3 - ENT may be applied. Main - ENT may be applied. Main

criteria: Location of business and criteria: Location of business and employment situation in the sub-sectoremployment situation in the sub-sector

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

NT – Modes 1, 2 & 3 - NoneNT – Modes 1, 2 & 3 - None

Page 41: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

LCA Commitments in Computer LCA Commitments in Computer & Related Services (cont’d)& Related Services (cont’d)

Software Implementation Services Software Implementation Services (except (except Systems and software consulting Systems and software consulting services & Systems analysis services)services & Systems analysis services) Modes 1, 2, 3 & 4 - None Modes 1, 2, 3 & 4 - None

Data Processing ServicesData Processing Services Modes 1 & 2 – NoneModes 1 & 2 – None Mode 3 - Percentage of local persons to be Mode 3 - Percentage of local persons to be

employedemployed

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

Page 42: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

LCA Commitments in Computer LCA Commitments in Computer & Related Services (cont’d)& Related Services (cont’d)

Data base servicesData base services Modes 1, 2 & 3 – NoneModes 1, 2 & 3 – None Mode 4 - Limitation on number of non-nationals in Mode 4 - Limitation on number of non-nationals in

managerial positions. Subject to an economic managerial positions. Subject to an economic needs testneeds test

Page 43: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

TELECOMMUNICATION TELECOMMUNICATION SERVICESSERVICES

Page 44: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Telecommunications ServicesTelecommunications Services

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

Page 45: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Regulatory AuthorityRegulatory Authority

Body (bodies) charged with regulating telecoms Body (bodies) charged with regulating telecoms Must be legally distinct & functionally Must be legally distinct & functionally

independent & empowered to regulate the independent & empowered to regulate the sectorsector

Task must be made public & easily accessibleTask must be made public & easily accessible Decisions & procedures must be impartialDecisions & procedures must be impartial Parties have the right to appeal to an indep. Parties have the right to appeal to an indep.

bodybody

Page 46: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

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

frequenciesfrequencies Where a license is required:Where a license is required:

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

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

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

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

Page 47: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Competitive safeguardsCompetitive safeguards

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

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

Page 48: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

InterconnectionInterconnection

Authorised suppliers have the right to Authorised suppliers have the right to negotiate interconnection agreementsnegotiate interconnection agreements

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

interconnection shall be provided:interconnection shall be provided: under non-discriminatory terms , conditions & rates under non-discriminatory terms , conditions & rates

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

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

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

Page 49: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Interconnection (cont.)Interconnection (cont.)

Procedures must be made publically availableProcedures must be made publically available Interconn. agreements or reference offers Interconn. agreements or reference offers

must be made publically available by major must be made publically available by major supplierssuppliers

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

Page 50: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Universal serviceUniversal service

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

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

All suppliers are entitled to ensure USAll suppliers are entitled to ensure US

Page 51: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

TelecommunicationsTelecommunications

Parties must ensure confidentiality of dataParties must ensure confidentiality of data National regulatory authorities shall National regulatory authorities shall

resolve disputes in a reasonable timeresolve disputes in a reasonable time

Page 52: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

EU Commitments in EU Commitments in Telecommunications ServicesTelecommunications Services

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

Modes 1, 2 & 3 NoneModes 1, 2 & 3 None No commitments in mode 4No commitments in mode 4

Page 53: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

EU Commitments in EU Commitments in Telecommunications ServicesTelecommunications Services

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

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

No commitments in mode 4 No commitments in mode 4

Page 54: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

ATG Commitments in ATG Commitments in Telecommunications ServicesTelecommunications Services

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

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

Mode 2 – NoneMode 2 – None Mode 3 - Reserved to exclusive operators until Mode 3 - Reserved to exclusive operators until

2012. None as of January 1, 2012 for international 2012. None as of January 1, 2012 for international servicesservices

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

Page 55: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

FINANCIALFINANCIAL

SERVICESSERVICES

Page 56: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Financial ServicesFinancial Services

Special provisions Section 5 Articles 103 – Special provisions Section 5 Articles 103 – 108108

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

ComprisesComprises Insurance & insurance-related servicesInsurance & insurance-related services

Direct insurance (including co-ins.)Direct insurance (including co-ins.) Reinsurance & retrocessionReinsurance & retrocession Insurance intermediationInsurance intermediation Services auxiliary to insuranceServices auxiliary to insurance

Page 57: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Financial Services (cont.)Financial Services (cont.)

Banking & other financial services include:Banking & other financial services include: Acceptance of deposits etc.Acceptance of deposits etc. LeasingLeasing Payments & money transmissionPayments & money transmission Guarantees & commitmentsGuarantees & commitments Money brokeringMoney brokering Settlement of clearing services Settlement of clearing services Advisory, intermediationAdvisory, intermediation

Page 58: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Financial Services (cont.)Financial Services (cont.)

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

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

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

Page 59: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Prudential carve-outPrudential carve-out

Parties may adopt or maintain measures Parties may adopt or maintain measures for prudential reasonsfor prudential reasons Protection of investors, depositors etc.Protection of investors, depositors etc. Ensure integrity & stability of the Ensure integrity & stability of the

financial system financial system Not required to disclose information Not required to disclose information

relating to affairs & accrelating to affairs & acc

Page 60: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Effective & transparent Effective & transparent regulationsregulations

New provision (GATS Plus)New provision (GATS Plus) Provide measures either by official publication or Provide measures either by official publication or

in other written or electronic form to allow for in other written or electronic form to allow for commentcomment

Make available requirements for application to Make available requirements for application to supply financial servicessupply financial services

Provide information on request of an applicantProvide information on request of an applicant Parties shall endeavor to facilitate the Parties shall endeavor to facilitate the

implementation & application of int’l agreed implementation & application of int’l agreed standards for regulating & supervising the sector standards for regulating & supervising the sector

Page 61: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

New Financial ServicesNew Financial Services

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

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

Page 62: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Specific exceptionsSpecific exceptions

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

Page 63: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Data processingData processing

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

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

Page 64: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

INTERNATIONALINTERNATIONALMARITIMEMARITIME

TRANSPORTTRANSPORTSERVICESSERVICES

Page 65: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Maritime TransportMaritime Transport

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

Int’l maritime transport – Int’l maritime transport – carriage of carriage of goods using more than one mode of transport goods using more than one mode of transport under a single contract (have the right to directly under a single contract (have the right to directly contract with providers of other modes of contract with providers of other modes of transport)transport)

Page 66: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Principles regarding Principles regarding liberalisation (cont.)liberalisation (cont.)

Maritime cargo handling – activities by Maritime cargo handling – activities by stevedore companies, but not the direct stevedore companies, but not the direct activities of dockersactivities of dockers.. The activities covered include the The activities covered include the organisation and supervision of:organisation and supervision of: (i) the loading/discharging of cargo to/from a (i) the loading/discharging of cargo to/from a

ship;ship; (ii) the lashing/unlashing of cargo;(ii) the lashing/unlashing of cargo; (iii) the reception/delivery and safekeeping of (iii) the reception/delivery and safekeeping of

cargoes before shipment or after discharge; cargoes before shipment or after discharge;

Page 67: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Other activities definedOther activities defined

customs clearance servicescustoms clearance services container station and depot servicescontainer station and depot services maritime agency servicesmaritime agency services freight forwarding servicesfreight forwarding services

Page 68: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Maritime Transport (cont.)Maritime Transport (cont.)

Considering the level of liberalisation Parties Considering the level of liberalisation Parties shallshall

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

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

Page 69: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Maritime Transport (cont.)Maritime Transport (cont.)

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

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

Page 70: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Maritime Transport (cont.)Maritime Transport (cont.)

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

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

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

Page 71: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

EU Commitments on Maritime EU Commitments on Maritime Transport Services (Mode 3)Transport Services (Mode 3)

International passenger & freight transportation International passenger & freight transportation (except nat’l cabotage)(except nat’l cabotage) -- Economic activities Economic activities considered as public utilities at a national or local level considered as public utilities at a national or local level may be subject to public monopolies or to exclusive may be subject to public monopolies or to exclusive rights granted to private operators.rights granted to private operators.

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

17 Member States - Feedering services by 17 Member States - Feedering services by authorisationauthorisation

Page 72: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

EU Services auxiliary to EU Services auxiliary to Maritime TransportMaritime Transport

a) Maritime Cargo Handling Servicesa) Maritime Cargo Handling Services b) Storage and warehousing Servicesb) Storage and warehousing Services c) Customs Clearance Servicesc) Customs Clearance Services d) Container Station and Depot Servicesd) Container Station and Depot Services e) Maritime Agency Servicese) Maritime Agency Services f) Maritime Freight Forwarding Servicesf) Maritime Freight Forwarding Services g) Rental of Vessels with Crewg) Rental of Vessels with Crew h) Pushing and towing servicesh) Pushing and towing services i) Supporting services for maritime i) Supporting services for maritime

transporttransport j) Other supporting and auxiliary services j) Other supporting and auxiliary services

(including catering)(including catering)

Page 73: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

TOURISMTOURISM

SERVICESSERVICES

Page 74: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Tourism ServicesTourism Services

Introduces disciplines on prevention of Introduces disciplines on prevention of anticompetitive practicesanticompetitive practices Tour operators, travel agencies, CRSTour operators, travel agencies, CRS

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

Facilitate transfer of technology to Facilitate transfer of technology to establishmentsestablishments What is needed?What is needed?

Facilitate the participation of SME in the Facilitate the participation of SME in the tourism sectortourism sector What is preventing their full participation?What is preventing their full participation?

Page 75: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Tourism ServicesTourism Services

Cooperate on MRCooperate on MR Which of the disciplines to begin withWhich of the disciplines to begin with Who to seek partnership with in the EUWho to seek partnership with in the EU

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

wants to participate in wants to participate in

Page 76: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Development Cooperation in Development Cooperation in TourismTourism

Takes into consideration asymmetriesTakes into consideration asymmetries Subject to Article 7 of the AgreementSubject to Article 7 of the Agreement

Upgrade nat’l accounting systemsUpgrade nat’l accounting systems Introduction of the TSAIntroduction of the TSA

Develop capacity for environmental Develop capacity for environmental managementmanagement

Facilitate the development of marketing Facilitate the development of marketing strategies for SME’sstrategies for SME’s

Provide for exchange programmes & Provide for exchange programmes & training, including languages training, including languages

Development of projects to address the areas Development of projects to address the areas highlightedhighlighted

Page 77: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Exchange of information and Exchange of information and consultationconsultation

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

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

Regular dialogue on the issuance of travel Regular dialogue on the issuance of travel advisoriesadvisories

Page 78: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

CHALLENGESCHALLENGES

OPPORTUNITIESOPPORTUNITIES

Page 79: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

ChallengesChallenges

Absence of tax treaties to avoid double taxationAbsence of tax treaties to avoid double taxation Foreign exchange controlsForeign exchange controls LanguageLanguage Ignorance of cultural norms, customs and Ignorance of cultural norms, customs and

valuesvalues Protectionist policiesProtectionist policies Meeting the right peopleMeeting the right people Cost of travelCost of travel Ignorance of the lawsIgnorance of the laws Residential status requirement in some EU Residential status requirement in some EU

StatesStates Absence of harmonisation and accreditation Absence of harmonisation and accreditation

between institutions in CF & the EU between institutions in CF & the EU

Page 80: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

ChallengesChallenges

Small size of firmsSmall size of firms Lack of business operation in the EULack of business operation in the EU Unwillingness to collaborateUnwillingness to collaborate• Need to revise, implement & enforce Need to revise, implement & enforce

required legislationrequired legislation

Page 81: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

OpportunitiesOpportunities

Openness to foreignersOpenness to foreigners Use of EnglishUse of English Access to other markets Access to other markets (Also the link between the FCORs and the (Also the link between the FCORs and the

mianland)mianland) Contacts in placeContacts in place PricingPricing Positive attitude towards joint ventures/partnershipsPositive attitude towards joint ventures/partnerships Diaspora populationsDiaspora populations Implementation of the AgreementImplementation of the Agreement Removal of the visa requirement for the FCORsRemoval of the visa requirement for the FCORs Access to the FCORS - Access to the FCORS - regular LIAT flightsregular LIAT flights Utilizing the expertise in the FCORS to meet standards to Utilizing the expertise in the FCORS to meet standards to

access the EU marketsaccess the EU markets

Page 82: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

OpportunitiesOpportunities

• Special opportunity for joint venturesSpecial opportunity for joint ventures Ability to add unique value-addedAbility to add unique value-added Some States in the region have resources Some States in the region have resources

and personnel to provide training in some and personnel to provide training in some areas areas

• Promoting investment to increase demandPromoting investment to increase demand

Page 83: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Other issues to consider Other issues to consider (Demand-side) (Demand-side)

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

Which sectors are of priorityWhich sectors are of priority Which EU Markets are priority targetsWhich EU Markets are priority targets Determine the regulatory requirements for accessDetermine the regulatory requirements for access Identify persons & companies in the EU for Identify persons & companies in the EU for

partnershippartnership Need to MRA to capitalize upon opportunitiesNeed to MRA to capitalize upon opportunities

Page 84: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Other issues to consider Other issues to consider (Supply-side)(Supply-side)

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

develop a central point for negotiating different develop a central point for negotiating different aspects of culturalaspects of cultural

Identify best practices & standards for MRIdentify best practices & standards for MR Need to develop capacity to meet nat’l & int’l Need to develop capacity to meet nat’l & int’l

standardsstandards Increased investment in new technologiesIncreased investment in new technologies Technical assistance for professional developmentTechnical assistance for professional development Development of policies and legislation Development of policies and legislation Provide training to contest the EU marketProvide training to contest the EU market

Page 85: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Implementation issues Implementation issues

CARIFORUM-EC cooperation and regional CARIFORUM-EC cooperation and regional CARIFORUM integrationCARIFORUM integration

Future LiberalisationFuture Liberalisation Identification of new sectors and the conditions of Identification of new sectors and the conditions of

liberalisationliberalisation Facilitatory Measures, Sectoral Measures & Facilitatory Measures, Sectoral Measures &

Measures on Mode of SupplyMeasures on Mode of Supply Analysis of regulatory framework - Amending Analysis of regulatory framework - Amending

legislation & adopting newlegislation & adopting new Harmonisation & enactment of a modern Harmonisation & enactment of a modern

regulatory framework regulatory framework

Page 86: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Implementation issues (cont.)Implementation issues (cont.)

Ensure MA & NT granted in accordance with Ensure MA & NT granted in accordance with the schedulethe schedule CF & EUCF & EU Analysis of schedule to det. opportunities avail.Analysis of schedule to det. opportunities avail. What is needed for market penetrationWhat is needed for market penetration

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

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

Page 87: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Implementation issues (cont.)Implementation issues (cont.)

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

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

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

Complete the process of the CARICOM – DR Complete the process of the CARICOM – DR services schedule services schedule

Page 88: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Implementation (cont.)Implementation (cont.)

Develop a national strategic development Develop a national strategic development planplan

Development/implementation of required Development/implementation of required legislation for registration & certificationlegislation for registration & certification

TrainingTraining Development/amendment of legislation to Development/amendment of legislation to

address the use of title and practice as an address the use of title and practice as an architect & engineerarchitect & engineer

Page 89: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Implementation issues (cont.)Implementation issues (cont.)

Movement of Natural Persons – Movement of Natural Persons – Mechanism to address the ENTMechanism to address the ENT

Collection of dataCollection of data Thorough assessment of what policy is in place for Thorough assessment of what policy is in place for

temporary entrytemporary entry What labour market test is in place (national & regional)What labour market test is in place (national & regional)

How do we assess the HR needsHow do we assess the HR needs Effect given to the definitions & terms for Effect given to the definitions & terms for

Temporary presenceTemporary presence Sensitization of all stakeholders on legal Sensitization of all stakeholders on legal

requirements for temporary movementrequirements for temporary movement Training seminars with immigration & labour officialsTraining seminars with immigration & labour officials

Page 90: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Implementation issues (cont.)Implementation issues (cont.)

Development of projects for the sustainable Development of projects for the sustainable development of tourismdevelopment of tourism

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

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

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

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

Page 91: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Implementation (cont.)Implementation (cont.) Government policies on culture and trade, intellectual Government policies on culture and trade, intellectual

property, ICT, industrial and innovation upgrading etc property, ICT, industrial and innovation upgrading etc developeddeveloped

Model Co-production Treaty preparedModel Co-production Treaty prepared Harmonized regional policies based on the Protocol preparedHarmonized regional policies based on the Protocol prepared Market intelligence gathering system introducedMarket intelligence gathering system introduced Coordinated regional system for the classification, Coordinated regional system for the classification,

registration and certification of cultural professionals registration and certification of cultural professionals developeddeveloped

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

Technical assistance needs of the different sectors identifiedTechnical assistance needs of the different sectors identified

Page 92: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Implementation issues (cont.)Implementation issues (cont.)

establishment of enquiry pointsestablishment of enquiry points facilitate prior publication of new measures;facilitate prior publication of new measures; specify and publicize application requirements;specify and publicize application requirements; establish mechanisms for the timely response to establish mechanisms for the timely response to

application queriesapplication queries Create the policy framework for conducting e-Create the policy framework for conducting e-

commercecommerce Develop & implement legislation on ICTDevelop & implement legislation on ICT Thorough analysis of development cooperation Thorough analysis of development cooperation

needs for the services sectorneeds for the services sector Development of proposals & projectsDevelopment of proposals & projects

Page 93: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Way forward (cont.)Way forward (cont.)

What is necessary for your sector to become more What is necessary for your sector to become more competitivecompetitive

What activities must be undertaken to implement the What activities must be undertaken to implement the provisionsprovisions

What you need to know about the EU & DR marketWhat you need to know about the EU & DR market How the cooperation provisions can assist your How the cooperation provisions can assist your

developmentdevelopment Do you have the relevant laws & regulations in placeDo you have the relevant laws & regulations in place Do you have the necessary technologyDo you have the necessary technology Where is training requiredWhere is training required How effective is the organizational structureHow effective is the organizational structure How do non-nationals operate in the marketHow do non-nationals operate in the market Greater collaboration/coordination between Ministries Greater collaboration/coordination between Ministries

and agenciesand agencies

Page 94: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Way forwardWay forward

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

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

Determine the areas of interest for developing Determine the areas of interest for developing co-production agreementsco-production agreements Negotiation of regional co-production agreementsNegotiation of regional co-production agreements

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

with EU counterparts and agree on professional with EU counterparts and agree on professional standardsstandards

Page 95: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Way forwardWay forward

More public-private collaborationMore public-private collaboration Government-Government Government-Government

collaboration collaboration

Page 96: EPA Presentation for Legislative Drafters  - Ms. Allyson Francis

Thank youThank you