Experiencia chilena en movimiento de personas

Sr. Alejandro BuvinicDirector Jurídico

Dirección General de Relaciones Económicas Internacionales

Ministerio de Relaciones Exteriores de Chile

Trade Policy Unilateral

- unilateral tariff reduction- services liberalization- foreing investment guarantees

Bilateral- trade agreements

Multilateral - WTO

Bilateral Liberalization

First step: Trade agreement aplying only to goods

Second step: other issues are included, such as: services, investment, transport, IPR, procurement, and temporary entry

Different approaches on movement of persons

Chapter on cross border services– negative list approach

Horizontal chapter on tempory entry

CanadaMexicoUSACentral AmericaKorea ColombiaPeruAustraliaJapan

Chapter on trade in services - positive list approach

Horizontal commintments on tempory entry

European UnionEFTAMERCOSURChina

Market Access and National Treatment

Chapter on cross-border services and invesment vis a vis Chapter on trade on services

Liberalization through positive or negative list approach

Transparency Unitarian states vis a vis Federal

states

What is the real effect of assuming commitments in market access and national treatment?

Nationality requirements Relevance of Domestic Regulation.

For example: Compulsory affiliation Mutual recogntion

Visas Tributation

Obligations Expedite application in order to avoid

delays or undue impairments in the trade in goods or services, or to the performance of investment activities in accordance with the agreement.

Cost of the services supplied Similar exceptions to those contained in the

Annexo on movement of natural persons of the GATS (labour, visas, employment market).

Transparency

Committee on Temporary Entry

Dispute Settlement

Categories

Business visitors Traders and investors Intra corporate transferees Independent professionals

Professionals

In each Agreement is established an standard: Years of studies Years of studies and experience Inclusion of certain technical carreers Open ended or closed lists In the case of United States, a 1.400

professionals yearly quota provided meeting the respective standard

Positive list approach for the temporary entry of persons

Within the horizontal committments Application depending of the specific

commitments Review committments and wrking

parties

Are enough only committments on Mode 4

Tributation Certification and mutual recongnition Social security Transparency

Conclusion

The presence of the aforementioned elements, results in a true liberalization of Mode 4, getting an efective trade impact.