1. August 8, 2011

2. Pillars or Elements of the Single Market Became operational in 2006 with the following key elements : Movement of Capital Movement of Skills / Labour Movement of Services Right of Establishment Movement of Goods

3. Treaty Provisions for Free Movement of Persons Based on Chapter Three – Establishment, Services, capital and Movement of Community Nationals Movement can occur based on three rights associated with the 5 elements of the Single Market enshrined chiefly in the following Articles: From successive decisions of the competent organs free movement of persons can also occur as part of facilitation of travel arrangements Member States are obliged to facilitate movement in a non-discriminatory manner and afford most favoured nation treatment to each other (article 7 and The right to Free Movement of Skills (wage –earners)35, 45 and 46 The right to move to provide Services on a Temporary Basis (non- wage earners) 34, 35, 36, 37 The Right of Establishment – (non-wage earners)32,33, 35

4. Categories of Skilled Nationals eligible to move Five original plus 5 new Categories added since 2006: 1. University graduates 2. Artistes 3. Musicians 4. Media workers 5. Sportspersons 6. Teachers 7. Nurses 8. Artisans with Caribbean Vocational Qualification 9. Holders of Associate Degrees and Equivalent (comparable) qualifications 10. Household Domestics with a CVQ or equivalent qualifications (since July 2009)

5. Administrative Arrangements for Movement of Skilled CARICOM Nationals Free Movement of Skills Law provide for a Competent Authority. In most Member States, the Competent Authority is a Minister, who has responsibility for the implementation of the Free Movement of Skills Policy Free Movement Desk/Department – receives applications National Accreditation Bodies – advises on matters pertaining to qualifications Free Movement Committee: should consist of suitable representatives of relevant Ministries, such as Ministries of Labour, Education, Immigration/ National Security, Foreign Affairs, Culture and Trade Meet at least once a month to review applications or to verify certificates Verification vs Issuance of Certificate of Recognition of CARICOM Skills Qualification (Skills certificates) Procedure at port of entry: presentation of skills certificate, 6 months definite entry Procedure after entry: verification

6. Categories of Service Providers CARICOM Nationals engaged in Non-wage earning activities on a temporary basis the Council for Trade and Economic Development (COTED) has approved a programme for removal of restrictions on trade in services and this sector has been completely liberalized in all MS

7. Administrative Arrangement for free Movement of Temporary service Providers Competent Authority for issuance of Certificates of Registration as CARICOM Service Provider Duration of Validity of certificates– indefinite Documentation for Issuance of Certificate: (i)Proof of CARICOM nationality; (ii)Proof of – (a) Competency to provide the service; or (b)Contract to offer the service; or (c)Letter from relevant Association or reputable person/body Additional documents to the certificate which are required at port of entry: valid passport; contract to offer service or invitation letter from a client. Immigration should grant sufficient time to provide the service

8. Nationals entitled to Right of Establishment CARICOM Nationals engaged in Non-wage earning activities of a commercial, industrial, agricultural, professional or artisanal nature the Council for Trade and Economic Development (COTED) has approved a programme for removal of restrictions on trade in services (including trade via Mode 3) and this sector has been completely liberalized in all Member States

9. Administrative Arrangements to facilitate Exercise of the Right of Establishment Documentation required at Point of Entry (i)Valid passport; (ii)Return ticket; (iii)Proof of financial resources for personal maintenance, namely credit cards, travelers cheques, cash or combination thereof. Immigration will grant the CARICOM National a definite stay of 6 months. Post Entry submit to the Competent Authority, relevant proof, such as Police Certificate, Financial Resources, Business Names Certificate / Certificate of Incorporation. Competent Authority Issues letter of Approval to the CARICOM National copied to Immigration Provisions for Managerial, Technical and Supervisory Staff The non-wage earner must submit a request letter to the Competent Authority in which free movement is requested for managerial, supervisory and technical staff. A copy of the employment contract must be included in the request.

10. Administrative Arrangements for Facilitation of Travel Common Lines 6 months definite entry (not be confused with 6 months definite entry as a skilled national) – work not permitted CARICOM Passport – national passports with the CARICOM logo Haitian citizens and nationals who are holders of diplomatic and official passports must be exempted from the requirement for a visa when travelling to any Member State of the Caribbean Community

11. Findings of Recent studies on Free Movement Mandate of Conference of Heads of Government at its Thirtieth Meeting in July 2009 to examine the socio-economic impact of migration in MS Two studies commissioned in 2009/2010 : 11 member states and Antigua and Barbuda. Main Findings: 1. Migration at the discretion of Member States far outnumbers movement as a result of free movement of skills. Fears that free movement would lead to flooding has not materialized in the period July 1995 – July 2010. Migration at the discretion of Member States by far outnumbers free movement for economic purposes. Since 2000, Member States issued 84,909 work permits and exemptions at their own discretion. This number does not include economic citizenship granted. Only 25 percent of those work permits were issued to CARICOM Nationals. Majority of work permit holders (75%) were persons from third countries. In the period July 1995 – July 2010, less than 4,000 CARICOM Nationals moved to another country under the free movement. 8,516 Skills Certificates were issued from 1997. This number includes some double counting, as initially countries issued a second certificate, even though persons entering may have received a certificate from another Member State. This number also includes persons who obtained a certificate but did not move

12. Other Findings of Study The primary sending countries appear to be Guyana and Jamaica, while the main receiving countries are Trinidad and Tobago and Barbados. Certification of Artisans and Household Domestics are hampering their free movement. Women are moving at a greater rate than men, but their numbers are especially high in occupations associated with gender roles, such as nurses and teachers. Free movement has resulted in very little impact on the social services in countries even in those countries that have been main recipients of immigrants, since the numbers are small CARICOM Nationals fill crucial shortages in health and education sectors in Member States. There is a clear disconnect between reality and perception held by citizens of the effects that free movement has had.

13. Administrative and Legal Encumbrances to Free Movement The implementation of free movement has been hampered: Lack of resources and technical capacity in Member States; Tension and dissension associated with the guarantee of the rights to eligible CARICOM Nationals. Major disconnect between agreements of the Conference of Heads of Government and implementation of legislation and domestic regulations. Procedural differences because of non-adherence to the approved regimes Only three countries have incorporated the Movement of Factors Act into their domestic legislative framework First Joint Free Movement and Contingent Rights (April 2011) determined that: Most Member States have not updated their legislation to recognise the five additional categories. Movement of factors Act or equivalent law which provides the legislative basis for the rights granted to non-wage earners, has not been brought into force in most cases or the appropriate legislative amendments have not been made. 6 months definite entry being granted in most states. A few still non-compliant

14. Recommendations The COTED in May 2011 agreed to the recommendations of the First Joint Meeting of Officials on the Free Movement of Persons and Facilitation of Travel and of Officials on Contingent Rights, which was held in April 2011 in Guyana, namely, to: (i) strengthen the CSME Focal Points in light of the fact that the work relating to the establishment of the Single Market is not yet completed; (ii) reconstitute the Inter-Ministerial Committee on the CSME to address the full implementation of the Single Market, since greater collaboration between Ministries remains of utmost importance; and (iii) request the CARICOM Secretariat to explore the establishment of a comprehensive migration and labour market data capture and monitoring system.

15. Thank you!