Experiencia chilena en movimiento de personas Sr. Alejandro Buvinic Director 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 Canada Mexico USA Central America Korea Colombia Peru Australia Japan  Chapter on trade in services - positive list approach  Horizontal commintments on tempory entry European Union EFTA MERCOSUR China

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 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.