Managing the Temporary Movement of Foreign Workers Sophie Nonnenmacher Migration Policy Specialist Migration Policy, Research and Communication Department

Structure of the presentation 1.Introduction: Why promoting labour mobility matters? 2. What is GATS Mode 4? 3. How is labour mobility regulated today? 4. Conclusion: How to achieve policy coherence?

1. Why promoting labour mobility matters? Est. USD 150 bl.-200 bl. per year Remittances: USD 318 bl in 2007 Migration regulators’ concerns - Sovereignity Global economic gains - Security certain job categories Response to employment, demographic, social, environmental challenges - National identity - Social services - Impact on domestic labour markets: wages

Migrants worldwide -- all categories Labour migrants Temporary labour migrants Mode 4: temporary movement of persons for the provision of services 2. What is GATS Mode 4 ? 200 million 90 million ? ? Mode 4 within the overall migration picture

Defining Mode 4 2. What is GATS Mode 4 ? “the supply of a service (…) by a service supplier of one member, through the presence of natural persons of a member in the territory of any other members” (Art. I. 2-d). The Annex : does not apply to measures affecting access to the employment market of a member or to rules on citizenship, residence or employment on a permanent basis. Mode 4 Temporary Entry for specific purpose (not in labour market)

2. What is GATS Mode 4? Defining issues Who are GATS Mode 4 service providers ? - Lack of uniform international definitions - How long is temporary ? ?  Self-employed or independent service suppliers  Employees of a foreign company who are sent to fullfil a contract with a host country client  Employees of foreign companies established in the host country (Intra Corporate Transferees)  Business visitors

Developed along parallel tracks Two sets of realities ; it’s about trade in services Mode 4: not a migration agreement Governmental policies & practices for migration management Mode 4 3. Mode 4 within overall migration picture Framework governing migration Relevant regulatory framework:

4. Tools/Mechanisms for Managing Temporary Labour Migration a. Countries of destination - Quotas - Economic Needs Tests - Admissions policy - Objectives - Tools - Meet demand for labour - Protect domestic jobs and wages - Labour Market Assessments - Work Permits - Promote business or investment more broadly (business visitors). - Manage intra corporate transferees - Provide domestic business access to services (contractual service suppliers). Migration management: first and foremost at national level

- Acquire & transfer home skills & resources Philippines Overseas Employment Agency (POEA) 4. Tools/Mechanisms for Managing Temporary Labour Migration b. Countries of origin - Objectives - Place excess labour overseas - Tools - Recruits - Screens- Prepares Filippino workers for overseas employment - Facilitate flow of remittances - Supports

Inter-state Cooperation - Rise of migration on int. agendas - Increasingly globalized labour market - Recognition transnational phenomenon: transnational approaches 4. Tools/Mechanisms for Managing Temporary Labour Migration

- On the rise - Multiple goals Bilateral labour agreements Regional trade and integration agreements - All skill levels Tools - Increasing Regional Consultative Processes 4. Tools/Mechanisms for Managing Temporary Labour Migration

4. Conclusion: How to achieve policy coherence? Governmental policies & practices for migration management: Unilateral/Bilateral/ Regional/GATS Mode 4 Trade and trade in services policy Economic, social and human Development

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