This document provides an outline and overview of trade in services and investment provisions in the Economic Partnership Agreement (EPA) between the Caribbean Forum (CARIFORUM) States and the European Union (EU). It discusses key aspects of the EPA related to investment, services offers, and commitments by both parties. It also outlines challenges, opportunities, and next steps related to implementing the EPA provisions on trade in services and investment.

1. TRADE IN SERVICES: REVIEW OF THE
INVESTMENT AND SERVICES
SCHEDULE
S. H. Allyson Francis
Trade in Services & Investment Specialist
CARICOM Secretariat EPA Implementation Unit
sfrancis@caricom.org
sonjafrancis@hotmail.com
1

2. Outline
• EPA (background & provisions)
• Investment provisions
• CARIFORUM & EU Investment offers
• Services provisions
• CARIFORUM & EU Services offers
• Challenges, Opportunities
• Supply-side, demand-side, implementation issues
• Next steps

3. The EPA
• Objectives
– Reduction & eventual eradication of poverty through trade
partnership;
– Promoting regional integration, economic cooperation and
good governance;
– Promoting the integration of CARIFORUM (CF) States into the
world economy;
– Support for increasing investment & private sector initiative;
and
– Strengthening relations taking into consideration levels of
development and int’l obligations

4. Market Access (MA)
• Parties shall accord treatment no less favorable than that
provided for in the specific commitments
• Measures not to be maintained unless specified- Limitations
such as on
– the number of commercial presences (quotas, monopolies,
exclusive rights or other requirements such as ENT)
– the total value of transactions or assets
– the total number of operations or quantity of output
– the participation of foreign capital
– specific types of commercial presence

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

6. Most-Favored Nation Treatment (MFN)
• The EC shall accord treatment no less favorable than
the most favorable accorded to third country with
whom they conclude & agreement with after signature
of the EPA
• CF shall accord treatment no less favorable than the
most favorable accorded to any major trading economy
– (major trading economy is any country with more than 1% world share in
merchandise trade or group with more that 1.5%)

7. Cooperation
Cooperate by providing support through technical
assistance, training & capacity building:
– Improve ability to gather information on & meet regulations
& standards of the EC;
– Improve export capacity particularly marketing of tourism &
cultural services, SMEs;
– Facilitate interaction & dialogue;

8. Cooperation (cont.)
– Address quality & standards needs under the
agreement & domestic & regional markets. Also
ensure participation in the development &
adoption of sustainable tourism standards;
– Developing & implementing regulatory regimes;
and
– Mechanisms for promoting investment & joint
ventures & enhancing the capacities of IPA

9. INVESTMENT

10. Elements of the investment
provisions
• Contained in the legal text and in the schedule of
commitments
• Negative listing of restrictions in non-service sectors –
what is listed is not liberalised (may contain restrictions)

11. Behavior of investors
Parties shall take measures to:
• Forbid & held liable investor who offers, promises or gives undue
benefits to any public official;
– Most legislation addresses public officials have to also address investors
• Ensure investors act in accordance with core labour standards;
– Freedom of association; elimin. of forced labour; abolition of child labour;
and elimin. of discrimination in the work place
• Ensure investors do not manage or operate investment counter to
int’l environmental standards; and
• Ensure investors establish local community liaison processes
– Especially in projects involving extensive natural resource-based activities

12. Standards & Review
• FDI must not be encourage by lowering environmental, labour
health & safety standards
• With a view to progressive liberalisation review the investment
framework no later than three years after entry into force of the
Agreement.
– What legislation relates to investment
– Is the environment conducive to investment
– What is the flow of investment between Europe and Antigua
& Barbuda
– Which areas of investment should be targeted for Europeans

13. Schedule:
Non-services investment
Sectors covered
• Agriculture, hunting & forestry
• Fishing
• Mining & quarrying
• Manufacturing
• Production, transmission & distribution of electricity, gas,
steam & hot water

14. Investment Schedule
• CF has the ability to within two years after entry into force of
the Agreement to list any non-conforming measures
• Schedule is not a commitment on privatisation
• Right to regulate to meet national policy objective
• Only discriminatory measures/limitation listed
• No rights directly to natural or juridical persons
• Does not include measures concerning subsidies
• Does not include measures relating to qualification
requirements and procedures, technical standards and
licensing requirements and procedures (even if not listed,
apply in any case to investors of the other Party)

15. INVESTMENT
OFFERS

16. EU Conditions for Investment
• Limitations on acquisition of land and real estate by foreign investors
in 19 Member states;
• Limitations on the type of establishment includes limitation on the
treatment accorded to branches or agencies established in a
Member State by a third country company, also, residency &
nationality conditions in the composition of the board of directors;
• EU reserve their right to prohibit or regulate the acquisition of a
juridical person for overriding reasons of general interest in so far as
they comply with Community law and international obligations;
• Prior authorization; and
• Limitation on foreign participation
• Registration, licensing and qualification requirements

17. EC sector specific Commitments
Agriculture, hunting
Can invest in these activities in the EU except in 7 Member States
where there are reservations
• Austria, Hungary, Malta, Romania – unbound for Agriculture
• Cyprus – None EU participation only up to 49%
• Ireland – authorisation for flour milling
• France - The establishment of agricultural enterprises and the
acquisition of vineyards by non-EU nationals non-EU investors
are subject to authorisation.
Forestry & Logging only Bulgaria has restrictions on logging

18. EC sector specific Commitments
(cont.)
FISHING AND AQUACULTURE
Very restrictive
• 23 Member States with reservations (percentage participation
etc.)
– France: Non-Community nationals cannot participate in the
maritime State property for fish/shellfish/algae farming. Foreign
investors not incorporated and not having their principal office
in France cannot own more than 50 per cent of a French flag
vessel.
– UK: Reservation on the acquisition of UK flagged vessels, unless
the investment is at least 75percent owned by British citizens
and/or by companies which are at least 75percent owned by
British citizens, in all cases resident and domiciled in the UK.
Vessels must be managed, directed and controlled from within
the UK

19. EC Commitments (cont.)
MINING AND QUARRYING
Open for investment except that:
Investors from countries which are energy suppliers
may be prohibited to obtain control of the activity.
Unbound for direct branching (incorporation is
required). Unbound for extraction of crude petroleum
and natural gas.

20. EC Commitments (cont.)
The EU is very open to investment in areas of manufacturing (subj. to
conditions)
Manufacture of food products and beverages; textiles; Manufacture of wood
and of products of wood and cork, except furniture; manufacture of articles
of straw and plaiting materials; manufacture of rubber and plastic products
etc.
Only reservations in:
• publishing, printing & reproduction of recorded media (does not include
audiovisual & cultural content)
– IT: Nationality condition for owner of publishing and printing company
• Manufacture of refined petroleum products
– EU: Investors from countries which are energy suppliers may be
prohibited to obtain the control of the activity. Unbound for direct
branching (incorporation is required).

21. ANTIGUA & BARBUDA’S
INVESTMENT OFFERS

22. Horizontal limitations
• Foreign companies & individual need license to hold property,
issue or transfer of shares may be prohibited
• Foreign Investors must incorp., estab. If not incorp. Companies
must be registered – powers & activities may be restricted in
accordance with legislation
• CAF - Exploration, exploitation and processing of radioactive
minerals, the recycle of nuclear fuel, the generation of nuclear
energy, the transportation and storage of nuclear waste, the use
and processing of nuclear fuel and regulation of its applications
for other purposes, as well as the production of heavy water
prohibited.

23. ATG Sector specific limitations
• Fishing
– The State reserves the right to adopt or maintain measures on
investment in this sector.
• Mining & quarrying
– CAF - may reserve small scale activities to nat’l
– CAF - The State reserves the right to grant approval for private
or public exploration, mining, processing, importation and
exportation of minerals.

24. ATG Sector specific limitations (Cont’d)
• Manufacture of wood and of products of wood and cork, except
furniture; manufacture of articles of straw and plaiting materials
– State reserves the right to adopt & maintain measures
• Manufacture of furniture n.e.c.
– CAF: States reserve the right to adopt or maintain restrictions
on small scale investment in this sector.
• Manufacture of machinery & equipment
– CAF: States may reserve the right to adopt or maintain
measures on investment in the production of weapons and
ammunition

25. Sector specific limitations (Cont.)
Production, transmission & distribution of electricity, gas, steam
& hot water (excluding nuclear based electricity generation)
• All CARIFORUM States except Dominican Republic -
Unbound
– DOM: Economic activities considered as public utilities at a national or
local level may be subject to public monopolies or to exclusive rights
granted to private operators.

26. SERVICES

27. Services trade
Services are traded by four modes
• Mode 1 - Cross-border trade (the supplier or the consumer do not
move e.g. advisory services via the internet, providing drafts);
• Mode 2 - Consumption abroad (the consumer moves to obtain the
service e.g. tourism, non-national purchasing Architectural services
paid from their home country);
• Mode 3 - Commercial presence (the supplier establishes in the
territory to supply a service e.g. branches); and
• Mode 4 - Movement of natural persons (temporary movement of
the supplier to provide a service e.g. consultancy services)

28. Scheduling
Positive listing of restrictions in services sectors – what is listed is
liberalised (may contain restrictions)
• None – No discriminatory legislation/regulations
• Unbound - States have the ability to regulate/change the trade
regime in the sector
• Unbound * - Not feasible
NB: Only discriminatory requirements are scheduled therefore there
may be other regulatory requirements to be met.
NB: the schedule sets the upper limits of restrictions a State may
allow activities to be undertaken that is more liberal that what is
schedule

29. Services Title
• Chapter 1 – General Provisions
• Chapter 2 – Commercial Presence
• Chapter 3 – Cross Border Supply of Services
• Chapter 4 - Temporary Presence of Natural Persons for
Business Purpose
• Chapter 5 – Regulatory Framework (MR, Computer, Courier,
Telecom, Financial, Int’l Maritime & Tourism)
• Chapter 6 – Electronic Commerce
• Chapter 7 - Cooperation

30. General Provisions
• An arrangement for the progressive, reciprocal &
asymmetric liberalization
• Do not apply to subsidies
• States retain the right to regulate & introduce new
regulations to meet legitimate policy objectives
• Do not apply to measures regarding citizenship, residence or
employment
• Measure must not be applied to nullify or impair benefits
• Future liberalization no later than 5 yrs from date of entry
into force

31. General Provisions (cont’d)
• Bahamas & Haiti to schedule commitments no later
than 6 months after signature (preferential treatment not
applicable until)
• Recognize the importance of Regional Integration
• Does not include activities in the exercise of
governmental authority
• Do not apply to activities such as mining,
manufacturing, processing of nuclear materials,
production of arms, audio-visual services, national &
international air transport etc.

32. Temporary Presence of Natural
Persons for Business Purposes
• Key Personnel – National employed by a legal entity
responsible for setting up or the proper control (all sectors liberalised
under mode 3)
– Business visitors – must be in a senior position, do not
engage in direct transaction with the gen. public & do not
receive payment from a source in the host
– Intra-corporate transfers – must have been employed
or partners for at least 1year, transferred on a temporary basis
• Managers (directing, supervising auth. to recruit or dismiss or
recom.)
• Specialists (must possess uncommon knowledge)

33. Temporary Presence of Natural
Persons (cont.)
For any activity that Antigua and Barbuda or the EU has
allowed persons to invest in, graduate trainees should
be granted access.
Graduate trainees – national employed by a legal entity for at
least 1 year, possess a university degree, temporarily
transferred for career development & training in business
techniques or methods (recipient co. may be required to
submit training programme)

34. Business Service Sellers (BSS)
Representatives of a service supplier seeking
temporary entry to negotiate the sale of services or
entering into agreements to sell services
• For all sector liberalized
• Temporary entry for 90days
• Do not engage in making direct sales to the public
• Do not receive remuneration from a source in the host State
For all sectors liberalised under modes 1, 2 & 3

35. Contractual Services Suppliers
National employed by a legal entity, with no commercial presence in
the other territory, have concluded a bona fide contract requiring
temporary presence to fulfill
Conditions
– Must have a registered business or an employee of a juridical
person
– Must possess a university degree or equivalent and
professional qualifications (except fashion model chef de
cuisine & entertainment);

36. Conditions for CSS (cont.)
– Must first obtain a service contract must not exceed a period
of twelve months (temporary entry and stay not more than 6
months);
– Must have been an employee of the juridical person for at
least 1 year immediately preceding application;
– Must possess at least three years professional experience;
– Remuneration only for the contract; and
– Subject to Economic Needs Test (ENT) - The main criteria will be the
assessment of the relevant market situation in the Member State or the
region where the service is to be provided, including with respect to the
number of, the impact on, existing services suppliers

37. Independent Professional
National, self-employed with no commercial presence in the other
territory, have concluded a bona fide contract requiring temporary
presence to fulfill
Conditions
– Self employed
– Must possess a university degree or equivalent and professional
qualifications;
– Must first obtain a service contract must not exceed a period of twelve
months (temporary entry and stay not more than 6 months);
– Must have at least 6 years professional experience at the date of
application;
– Subject to Economic Needs Test (ENT)

38. Other Provisions
Short Term visitors for business purposes
– Research and Design; Marketing research; Training
seminars; Trade Fairs; Sales; Purchasing;
Provided they are not engaged in selling their services to the general
public; do not receive remuneration in the territory of temporary stay,
not to engage through a contract outside of the territory of temporary
stay;
Temporary stay up to 90 days

39. Mutual Recognition (MR)
• Nothing in this Title shall prevent the Parties from requiring
that natural persons must possess the necessary
qualifications and/or professional experience specified in the
territory where the service is supplied, for the sector of
activity concerned.
• Professional bodies encouraged to Jointly develop & provide
recommendations on MR of criteria applied re authorisation,
licensing, operation and certification
• Negotiations to start no later than 3 years after entry into
force of the Agreement

40. MR (cont.)
• Start with accounting, architecture, engineering &
tourism
• Recommendations to be reviewed by the Joint
Committee for consistency
• If consistent negotiate through comp. auth a MRA
– Consistent with GATS Art. VII – , shall not be in a manner which
constitutes a means of discrim. between countries in its application & shall
afford oppor. for other interested Mem to negot.
• CF- EC Trade & Development Committee to review
progress every 2 years

41. Transparency
• Parties shall ensure all laws, regulations, procedures and
administrative rulings, international commitments
relating to any trade matter covered by this Agreement
are
promptly published or made publicly available and
brought to the attention of the other Party
• Establish enquiry points
– May not be depositories of laws & regulations
• Respond promptly to request for information

42. Procedures
• Where a specific commitment has been made & authorization
is required, the competent authorities of the Parties shall,
within a reasonable period of time after the submission of an
application considered complete inform the applicant of the
decision concerning the application.
• The Parties shall maintain or institute judicial, arbitral or
administrative tribunals or procedures which provide, at the
request of an affected investor or service supplier, for a
prompt review of, and where justified, appropriate remedies
for, administrative decisions.

43. E-Commerce
• Recognises e-commerce increases trade opportunities
• Agree to cooperate & promote the development of e-
commerce
• Must be compatible with the highest int’l standards of
data protection
• Deliveries considered provision of services
• Dialogue or regulation (exchange of information) –
recognition of certificates or electronic signature, liability of intermediary
providers, protection of consumers, treatment of unsolicited
communications

44. Antigua & Barbuda and the EU
SERVICES
OFFERS
IN THE SELECTED SECTORS

45. EU Commitments
The EC have scheduled their reservations in four different
sections
• Cross-border supply of services;
• Commitments on Establishment (Commercial
Presence);
• Reservations on Contractual Service Suppliers (CSS)
• Independent Professionals (IP)-
• Reservations on Key Personnel and Graduate Trainees.

46. Cross-border
provision
Horizontal limitations on acquisition of land and real
estate by foreign investors

47. Commercial Presence Commitments
Horizontal limitations
• Limitations on acquisition of land and real estate by foreign
investors in 19 Member states
• Limitations on the type of establishment includes limitation on the
treatment accorded to branches or agencies established in a
Member State by a third country company, also, residency &
nationality conditions in the composition of the board of directors
• EC reserve their right to prohibit or regulate the acquisition of a
juridical person for overriding reasons of general interest in so far
as they comply with Community law and international obligations.
• Prior authorization; and
• Limitation on foreign participation

48. Movement of Natural Persons
• Those measures (e.g. need to obtain a license, need to
register with the Registrar of Companies, universal
service obligations, need to obtain recognition of
qualifications in regulated sectors, need to pass specific
examinations, including language examinations, non-
discriminatory requirement that certain activities may
not be carried out in environmental protected zones or
areas of particular historic and artistic interest), even if
not listed, apply in any case to service suppliers of the
other Party.

49. Key Personnel & Graduate
Trainees
• 2 Member States require ENT for Graduate Trainees;
• The number of ICT must not exceed 10%;
• Restriction for Managing Directors and Auditors
include - Residency requirement, trade permit,
specific authorization
• EC directives on mutual recognition of diplomas only
apply to EC nationals.

50. Key Personnel & Graduate
Trainees (Cont.)
• EC directives on mutual recognition of diplomas only apply to EC
nationals. The right to practise a regulated professional service in
one Member State does not grant the right to practise in another
Member State – (In order for third-country nationals to obtain EC-wide
recognition of their qualifications, it is necessary to negotiate a Mutual
Recognition Agreement)
• Residency requirement in 4 Member States and years of
experience required in 1 Member State
• Commitments on key personnel and graduate trainees do not
apply in cases where the intent or effect of their temporary
presence is to interfere with or otherwise affect the outcome of
any labour/management dispute or negotiation

51. Contractual Service Suppliers
(CSS)
• The EC made commitments in 29 sectors
• For the EC 10 commitments enter into force in 2011
• For Bulgaria & Romania 2014
EC directives on mutual recognition of diplomas only apply to
nationals of EU Member States. The right to practise a
regulated professional service in one Member State does
not grant the right to practise in another Member State. (In
order for third-country nationals to obtain EC-wide
recognition of their qualifications, it is necessary a Mutual
Recognition Agreement to be negotiated)

52. Areas of access for CARIFORUM
CSS in the EU
1. Legal advisory services in respect of international public law
and foreign law
2. Accounting and bookkeeping services
3. Taxation advisory services
4. Architectural services
5. Urban planning and landscape architecture services
6. Engineering services
7. Integrated Engineering services
8. Medical and dental services
9. Veterinary services
10. Midwives services

53. Areas of access for CARIFORUM CSS in
the EU (cont’d)
11. Services provided by nurses, physiotherapists and
paramedical personnel
12. Computer and related services
13. Research and development services
14. Advertising services
15. Market Research and Opinion Polling
16. Management consulting services
17. Services related to management consulting
18. Technical testing and analysis services
19. Related scientific and technical consulting services
20. Maintenance and repair of equipment

54. Areas of access for CARIFORUM CSS
in the EU (cont’d)
21. Chef de cuisine services
22. Fashion model services
23. Translation and interpretation services
24. Site investigation work
25. Higher education services (only privately-funded services)
26. Environmental services
27. Travel agencies and tour operators' services
28. Tourist guides services
29. Entertainment services other than audiovisual services

55. Areas of access for CARIFORUM IP in
the EU
Market access was granted in 11 sectors.
1. Legal advisory services in respect of international public law and
foreign law (i.e. non-EU law)
2. Architectural services
3. Urban planning and landscape architecture services
4. Engineering services
5. Integrated Engineering services
6. Computer and related services
7. Research and development services
8. Market Research and Opinion Polling
9. Management consulting services
10. Services related to management consulting
11. Translation and interpretation services

56. CARIFORUM Commitments
GATS structure – does not include The Bahamas & Haiti
• Takes into account regional integration progress and
sensitivities of individual states/sub-groupings
• Key personnel & Graduate trainee where there is a
mode 3 commitment, subj. to an ENT – Main criterion is
availability of persons with the requisite skills in the local labour
market (mode 4) or an assessment of the relevant market
situation ie. number of & impact on existing service suppliers

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

58. Antigua & Barbuda’s Horizontal
commitments
• Treatment may be reserved with respect to subsidies or
grants
• Mode 4 – Unbound except for Key Personnel & graduate
trainees not available locally
– Valid work permit required for non- nationals

59. Architectural & Engineering
Services

60. UNCPC for Architectural Services
• 86711 - Advisory and pre-design architectural services
• 86712 - Architectural design services
• 86713 - Contract administration services
• 86714 - Combined architectural design and contract
administration services
• 86719 - Other architectural services (such as the preparation of
promotional material and presentations, preparation of as-built drawings,
constant site representation during the construction phase, provision of
operating manuals, etc.)

61. EU Architectural Commitments
Mode 1
• 15 Member States have no reservations;
• 12 Member States have reservations of unbound (States
have the ability to regulate/change the trade regime in
the sector) and one in addition requires application to
national rules.
Mode 2
None

62. EU Architectural Commitments
(cont.)
Mode 3 Commercial presence
• Only two Member States with reservations (BG: For projects of
national or regional significance, foreign investors have to act in
partnership or as subcontractors of local investors.
• LV: For architectural services, in order to receive a licence
enabling them to engage in business activity with full range of
legal responsibility and rights to sign a project, practice of 3 years
in Latvia in the field of projecting and university degree is
required.)

63. Key Personnel & Graduate Trainees
(Architectural Services)
• Only 5 Member States have reservations–
– EE: At least one responsible person (project manager
or consultant) must be resident in Estonia;
– BG: Foreign specialists must have experience in the
field of construction of at least two years. Nationality
condition for urban planning and landscape
architectural services; and
– EL, HU, SK: Residence requirement

64. ATG commitments in
Architectural Services
• Modes 1 & 2 - None
• Mode 3- None in MA, NT- Residency and permission from the
Board of Architects required
• Mode 4 – Unbound except as indicated in the horizontal
commitments
– i.e. - ENT for key personnel (business visitors, managers &
specialists) & graduate trainees
Europeans can provide this service via the internet or come at utilize
this service in Antigua and Barbuda. They can also come and
establish a business, but should have residency and get
permission from the Board

65. UNCPC for Engineering Services
• 86721 Advisory and consultative engineering services
• 86722 Engineering design services for the construction of foundations
and building structures
• 86723 Engineering design services for mechanical and electrical
installations for buildings
• 86724 Engineering design services for the construction of civil
engineering works
• 86725 Engineering design services for industrial processes and
production
• 86726 Engineering design services n.e.c.
• 86727 Other engineering services during the construction and
installation phase
• 86729 Other engineering services

66. UNCPC for Integrated Engineering
Services
• 86731 Integrated engineering services for
transportation infrastructure turnkey projects
• 86732 Integrated engineering and project management
services for water supply and sanitation works turnkey
projects
• 86733 Integrated engineering services for the
construction of manufacturing turnkey projects
• 86739 Integrated engineering services for other
turnkey projects

67. EU Commitments in Engineering,
Integrated Engineering & Construction
Services
Engineering & Integrated Engineering Services
• Mode 1
– 19 Member States have no limitations;
– 6 Member States - BG, CY, EL, IT, MT, PT have scheduled
unbound
– AT, SI: Unbound except for pure planning services.
• Mode 2
– None
Construction Services
• Modes 1 & 2 - None

68. Commercial presence Limitations
(Engineering, Integrated Engineering
& Construction Services)
Open for investment
• Only one Member State with reservations -
BG: For projects of national or regional significance,
foreign investors have to act in partnership or as
subcontractors of local investors.

69. EU Mode 4 Commitments in Engineering,
Integrated Engineering & Construction
Services
• CSS & IP
– CY, EE, EL, FR, IE, LU, MT, NL, PT, SI, SE, UK: None
– BG, CZ, DE, FI, HU, LT, RO, SK: Economic needs test
– FI: The natural person must demonstrate that (s)he possesses
special knowledge relevant to the service being supplied.
– BE: ENT except for CSS when the annual wage is above the
amount defined by the relevant laws and regulations.
– DK: ENT except for CSS stays of up to three months
No commitment for Construction Services

70. EU Mode 4 Commitments in
Engineering, Integrated Engineering &
Construction Services
• For Key personnel & Graduate trainees – reservations only in 5
Member States – EE, BG, EL, HU, SK (residency, citizenship, trade
permit & specific authorization)
Construction Services - BG: Foreign specialists must have
experience in the field of construction of at least two years
MT: Nationality condition

71. ATG commitments in
Engineering services
Engineering design services for the construction of civil engineering
works & Engineering design services for industrial processes and
production)
• Modes 1, 2 & 3 – None (NT Mode 3 - Engineers must have a practical
knowledge of the local conditions and be registered by the Engineer's
Association Board)
Construction services for Hotels, restaurants and similar buildings
• Modes 1, 2 - None
• Mode 3 – Joint venture required
• Mode 4 - Unbound & ENT for key personnel (business visitors, managers &
specialists) & graduate trainees

72. Accounting

73. Accounting Commitments
Mode 1
Accounting & Bookkeeping Services
• 20 Member States have no reservations
• 6 Member States have reservations of unbound -
maintained the ability to regulate/change the trade
regime in the sector (FR, HU, IT, MT, RO, SI)
• 1, Austria requires application to national rules.

74. Accounting Commitments (cont’d.)
Auditing Services
• 6 Member States have no reservations
• 21 Member States have reservations of unbound
• 3 Member States have reservations of either
nationality (AT) approval (SE) or to work in
conjunction with an accredited auditor (LT)
Mode 2 - there are no limitations

75. Accounting Commitments (cont’d.)
Commercial presence
Accounting & Bookkeeping Services
• Only three Member States with reservations
– AT: Foreign accountants’ (who must be authorised according to
the law of their home country) equity participation and shares
in the operating results of any Austrian legal entity may not
exceed 25 per cent, if they are not members of the Austrian
Professional Body
– CY: Access is subject to economic needs test. Main criteria: the
employment situation in the sub-sector.
– DK: In order to enter into partnerships with Danish authorised
accountants, foreign accountant have to obtain permission from
the Danish Commerce and Companies Agency.

76. Accounting Commitments (cont’d.)
Auditing Services
10 Member states with reservations these include;
– Limitations on equity participation
– Economic Needs Test (ENT) – main criteria is the
employment situation in the sub-sector
– Residency requirements
– approval

77. Key Personnel & Graduate
Trainees (Acc & BK Cont.)
Only 1 Member State with a reservation
• FR: Provision of accounting and bookkeeping services is
conditional on a decision of the Minister of Economics,
Finance and Industry, in agreement with the Minister of
Foreign Affairs. The requirement of residence cannot
exceed 5 years.
Auditing Services
• Residency or nationality requirements in 7 Members
States

78. ATG commitments in Accounting,
Auditing & Bookkeeping Services
ATG have scheduled accounting & auditing services
• Modes 1 & 2 - None
• Mode 3 - ATG: None. A Practicing Certification from
the Institute of Chartered Accountants of Antigua
and Barbuda is necessary for commercial presence
• Mode 4 - Unbound & ENT for key personnel
(business visitors, managers & specialists) & graduate
trainees

79. CONSULTING SERVICES

80. Classification of Management
Consulting Services (UNCPC)
• 86501 - General management consulting services
• 86502 - Financial management consulting services(except
business tax)
• 86503 - Marketing management consulting services
• 86504 - Human resources management consulting services
• 86505 - Production management consulting services
• 86506 - Public relations services
• 86509 - Other management consulting services

81. EU Commitments in Management
consulting Services
• Modes 1), 2) & 3) None
• CSS & IP - CY, DE, EE, EL, FR, IE, LV, LU, MT, NL, PT, SI, SE, UK:
None.
• ES, IT, PL: Economic needs test for IPs
• BE: Economic needs test, except for CSS when the annual
wage is above the amount defined by the relevant laws and
regulations.
• DK: Economic needs test except for CSS stays of up to three
months
• AT, BG, CZ, FI, HU, LT, RO, SK: Economic needs test.

82. EU Commitments in Services related to
Management Consulting
• Modes 1) & 2) None
• Mode 3 - HU: Unbound for arbitration and conciliation services
• CSS & IP - CY, DE, EE, EL, FR, IE, LV, LU, MT, NL, PT, SI, SE, UK: None
• ES, IT, PL: Economic needs test for IPs
• BE: Economic needs test, except for CSS when the annual wage is
above the amount defined by the relevant laws and regulations.
• DK: Economic needs test except for CSS stays of up to three months
• AT, BG, CZ, FI, HU, LT, RO, SK: Economic needs test.

83. ATG Commitments in Management
Consulting & services relating to
Except 86506 - Public relations services
Mode 1, 2 & 3 – None
Mode 4 - Unbound except as indicated in the horizontal
commitments

84. TELECOMMUNICATION
SERVICES

85. Telecommunications Services
Section 4 - Sets the principles for telecommunications
services other than broadcasting

86. Regulatory Authority
Body (bodies) charged with regulating telecoms
• Must be legally distinct & functionally independent &
empowered to regulate the sector
• Task must be made public & easily accessible
• Decisions & procedures must be impartial
• Parties have the right to appeal to an indep. body

87. Authorisation
• Authorisation by notification
• Terms & conditions must be made public
• May be required to address issues of numbering &
frequencies
• Where a license is required:
– the criteria & the reasonable time granting must be made
publicly available;
– the reasons for denial shall be made known in writing to
the applicant on request;
– the applicant shall be able to seek recourse before an
appeal body where a licence is unduly denied;
– licence fees shall not exceed the administrative costs
normally incurred in the management, control and
enforcement of the applicable licences.

88. Competitive safeguards
• Subject to the regulatory framework set out for
Telecoms. in ATG
• Major suppliers must be prevented from engaging in
or continuing anti-competitive practices

89. Interconnection
• Authorised suppliers have the right to negotiate
interconnection agreements
• Info. to be used solely for the purpose for which it was
supplied
• interconnection shall be provided:
– under non-discriminatory terms , conditions & rates and of a
quality no less favourable than that provided for its own like
services or other affiliates;
– in a timely fashion, on terms, conditions and rates that are
transparent & reasonable; and
– upon request, at points in addition to the network termination
points offered to the majority of users (subject to charges that
reflect the cost of construction of necessary additional facilities)

90. Interconnection (cont.)
• Procedures must be made publically available
• Interconn. agreements or reference offers must be
made publically available by major suppliers
• A service supplier shall have recourse, to an
independent domestic body to resolve disputes
regarding appropriate terms, conditions and rates for
interconnection

91. Universal service
• Parties have the right to define the kind of US
obligations it wishes to maintain
• Obligations must be administered in a transparent,
objective non-discriminatory manner
• All suppliers are entitled to ensure US

92. Telecommunications
• Parties must ensure confidentiality of data
• National regulatory authorities shall resolve disputes
in a reasonable time

93. EU Commitments in
Telecommunications Services
All services consisting of the transmission and
reception of signals by any electromagnetic means,
excluding broadcasting
• Modes 1, 2 & 3 None
• No commitments in mode 4

94. EU Commitments in
Telecommunications Services
Satellite broadcast transmission services
• Modes 1, 2 & 3 - EC: None except that service
providers in this sector may be subject to obligations
to safeguard general interest objectives related to
the conveyance of content through their network in
line with the EU regulatory framework for electronic
communications (Mode 3 no none)
– BE: Unbound
• No commitments in mode 4

95. ATG Commitments in
Telecommunications Services
Voice telephone services, Packet-switched data transmission
services, Circuit-switched data transmission services, Telex
services, Telegraph services, Facsimile Services & Private
leased circuit services
• Mode 1 - By pass of exclusive operators not permitted until
2012. None as of January 1, 2012
• Mode 2 – None
• Mode 3 - Reserved to exclusive operators until 2012. None as
of January 1, 2012 for international services
• Mode 4 Unbound, ENT for key personnel (business visitors,
managers & specialists) & graduate trainees

96. FINANCIAL
SERVICES

97. Financial Services
Special provisions Section 5 Articles 103 – 108
• Means any service of a financial nature offered by a
financial service supplier
• Comprises
– Insurance & insurance-related services
• Direct insurance (including co-ins.)
• Reinsurance & retrocession
• Insurance intermediation
• Services auxiliary to insurance

98. Financial Services (cont.)
• Banking & other financial services include:
– Acceptance of deposits etc.
– Leasing
– Payments & money transmission
– Guarantees & commitments
– Money brokering
– Settlement of clearing services
– Advisory, intermediation

99. Financial Services (cont.)
• Financial service supplier does not include a public
entity – all natural or juridical persons providing
financial services
• Public entity- central bank or monetary auth. Or
entity owned or controlled by the Parties engaged in
governmental functions
• New financial services – includes services related to
existing or new products or the manner in which the
product is delivered

100. Prudential carve-out
• Parties may adopt or maintain measures for
prudential reasons
– Protection of investors, depositors etc.
– Ensure integrity & stability of the financial system
• Not required to disclose information relating to
affairs & acc

101. Effective & transparent
regulations
• New provision (GATS Plus)
• Provide measures either by official publication or in
other written or electronic form to allow for comment
• Make available requirements for application to supply
financial services
• Provide information on request of an applicant
• Parties shall endeavor to facilitate the implementation &
application of int’l agreed standards for regulating &
supervising the sector

102. New Financial Services
• Parties must permit financial service suppliers to
provide any new financial service of a type similar to
those permitted under its domestic law in like
circumstances
• Where authorisation is required it shall be made
within a reasonable time

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

104. Data processing
• Parties must allow transfer on information into & out
of the territory for data process in the ordinary
course of business
• Safeguards shall be adopted to protect privacy &
fundamental rights & freedoms

105. EC Commitment (Modes 1&2)
Insurance
• 20 Member States - Unbound for direct insurance
services except for insurance of risks relating to:
Maritime shipping and commercial aviation and
space launching and freight (including satellites) &
goods in international transit
• FR: Insurance of risks relating to ground transport
may be carried out only by insurance firms
established in the Community.

106. EC Commitment (Comm. Pres)
Insurance
EC: Only firms having their registered office in the
Community can act as depositories of the assets of
investment funds. The establishment of a specialised
management company, having its head office and
registered office in the same Member State, is
required to perform the activities of management of
unit trusts and investment companies

107. EC Commitment (Modes 1)
Banking
• 20 Member States (including France) -Unbound
except for provision of financial information and
financial data processing and for advisory and other
auxiliary services excluding intermediation

108. ATG commitments
in insurance services
• Life, accident & health insurance
• Reinsurance & retrocession
Modes 1, 2 & 3 – none
Mode 4 - Unbound except as indicated in the horizontal
commitments

109. ATG Commitments
Banking & other financial
services
Very restrictive
• All payment & money transmission services
Modes 1 & 2 Unbound, Mode 3 None

110. INTERNATIONAL
MARITIME
TRANSPORT
SERVICES

111. Maritime Transport
Principles regarding liberalisation pursuant
to the provisions on cross-border,
commercial presence & temporary
presence
• Int’l maritime transport – carriage of goods using
more than one mode of transport under a single contract
(have the right to directly contract with providers of other
modes of transport)

112. Principles regarding liberalisation
(cont.)
• Maritime cargo handling – activities by stevedore
companies, but not the direct activities of dockers.
The activities covered include the organisation and
supervision of:
– (i) the loading/discharging of cargo to/from a ship;
– (ii) the lashing/unlashing of cargo;
– (iii) the reception/delivery and safekeeping of cargoes
before shipment or after discharge;

113. Other activities defined
• customs clearance services
• container station and depot services
• maritime agency services
• freight forwarding services

114. Maritime Transport (cont.)
Considering the level of liberalisation Parties shall
• Apply unrestricted access to int’l maritime & trade
on a commercial & non-discriminatory basis
• Grant to ships flying the flag of the other party no
less favorable treatment

115. Maritime Transport (cont.)
• Parties shall not introduce cargo-sharing
arrangements in future bi-lateral agreements
• Upon entry Parties shall abolish and abstain from
introducing any unilateral measures &
administrative, technical & other obstacles

116. Maritime Transport (cont.)
• Parties shall permit int’l maritime service suppliers to
establish & operate under no less favorable conditions that
those accorded to their own or third country suppliers,
whichever is better
• Parties shall make available at the port on non-discrim.
terms & conditions:
– pilotage, towing and tug assistance, provisioning, fuelling and
watering, garbage collecting and ballast waste disposal, port
captain’s services, navigation aids, shore-based operational
services essential to ship operations, including communications,
water and electrical supplies, emergency repair facilities,
anchorage, berth and berthing services.

117. EU Commitments on Maritime
Transport Services (Mode 3)
International passenger & freight transportation (except
nat’l cabotage) - Economic activities considered as public utilities
at a national or local level may be subject to public monopolies or
to exclusive rights granted to private operators.
25 Member States - Unbound for the establishment of a
registered company for the purpose of operating a fleet
under the national flag of the State of establishment
17 Member States - Feedering services by authorisation

118. EU Services auxiliary to Maritime
Transport
• a) Maritime Cargo Handling Services
• b) Storage and warehousing Services
• c) Customs Clearance Services
• d) Container Station and Depot Services
• e) Maritime Agency Services
• f) Maritime Freight Forwarding Services
• g) Rental of Vessels with Crew
• h) Pushing and towing services
• i) Supporting services for maritime transport
• j) Other supporting and auxiliary services (including catering)

119. Services auxiliary to Maritime
Transport (Mode 3)
• 26 Member States - For pushing and towing services
and for supporting services for maritime transport
unbound for the establishment of a registered
company for the purpose of operating a fleet under
the national flag of the State of establishment
• IT: Economic needs test for maritime cargo-handling
services. Main criteria: number of and impact on
existing establishments, population density,
geographic spread and creation of new employment

120. EU Commitments on Maritime
Transport Services (Modes 1 &
2)
• 17 Member States have - Feedering services by
authorisation.
• EC: Unbound for customs clearance services and for
container station and depot services

121. Services auxiliary to Maritime
Transport (Modes 1 & 2)
Mode 1
• EC: Unbound for customs clearance services and for
container station and depot services
• 25 - Unbound for maritime cargo handling services
• 24 - Unbound for storage and warehousing services
• 19 - Unbound for pushing and towing services
• 14 - Unbound for rental of vessels with crew
Mode 2
• None

122. ATG Commitments on Maritime
Transport Services
Passenger (less cabotage)
• Modes 1, 2 – None
• Mode 3 - (a) Establishment of a registered company for
the purpose of operating a fleet under the national flag
of the State of establishment: Unbound; b) Other forms
of commercial presence for the supply of international
maritime transport services: None
Freight transportation (less cabotage)
• Modes 1 & 2 – None, Mode 3 – Unbound
Mode 4 - Unbound except as indicated in the horizontal
commitments - ENT for KP, GT & BV

123. ATG Commitments on Maritime
Transport Services
1. Rental of vessels with crew (Less cabotage)
2. Maintenance & repair of vessels
• Modes 1, 2 & 3 - None
• Mode 4 - Unbound except as indicated in the
horizontal commitments - ENT for KP, GT & BV

124. ATG Commitments on Maritime
Transport Services
Vessel salvaging and refloating services
• Modes 1, 2 & 3 – None
Ship Registration
• Modes 1 & 2 – None
• Mode 3 - Unbound
Mode 4 - Unbound except as indicated in the
horizontal commitments - ENT for KP, GT & BV

125. Services auxiliary to Maritime
Transport
Storage and warehouse services
• Mode 1 – Unbound *
• Mode 2 & 3 – None
• Mode 4 - Unbound except as indicated in the
horizontal commitments - ENT for KP, GT & BV

126. Summary of CARIFORUM
commitments
• In the majority of States there are no limitations in
modes 1 & 2
– Reflective of the importance on these modes for trade in
services (for mode 1 have to take into consideration rates for
telecommunication services)
• Mode 3 is much more restrictive - Mostly unbound
or joint venture requirements
– Reflects the need to develop regulations and contribution
to the sector through joint ventures
• Mode 4 limited commitments - subject to ENT
(availability of skills in the market)
– Reflects the endeavor to encourage the development of
small/individual suppliers

127. CULTURE
&
ENTERTAINMENT

128. Classification of other
Entertainment Services
(UNCPC)
• 96191 Theatrical producer, singer group, band and
orchestra entertainment services
• 96192 Services provided by authors, composers
entertainers and other individual artists
• 96193 Ancillary theatrical services n.e.c.
• 96194 Circus, amusement park and similar attraction
services
• 96195 Ballroom, discotheque and dance instructor
services
• 96199 Other entertainment services n.e.c.

129. Protocol on Cultural
Cooperation
• Based on the UNESCO Convention on the Protection and
Promotion of the Diversity of Cultural Expressions;
• Speaks to having ratified or intending to do so promptly;
• Highlights the importance of cultural cooperation taking
into consideration the degree of development of
cultural industries, imbalances of cultural exchanges and
the existence of preferential schemes for the promotion
of cultural content

130. Cultural Cooperation Protocol
(cont.)
• Sets the framework for cooperation;
• Improve conditions for exchange of cultural activities &
redressing the structural imbalances & asymmetrical
patterns;
• Preferential treatment for cultural exchanges &
dialogue
– to develop cultural policies & industries;
– create opportunities for cultural goods & services; and
– Foster good practices in IP

131. Cultural Cooperation Protocol
(cont.)
• Training and increased contacts between artists and
other cultural professional & practitioners; and
• Facilitate the temporary stay of cultural professionals
& practitioners for a period of 90 days within
12months; Provided they are not engaged in
selling their services to the general public; do not
receive remuneration in the territory of temporary
stay, not to engage through a contract outside of the
territory of temporary stay

132. Cultural Cooperation Protocol
(cont.)
• Technical Assistance for the development of cultural
industries; implementation of cultural policies and
promoting production & exchange; and for the usage
and transfer of technologies and know-how;
• Promotion of networks; encourage joint productions;
• dissemination of publications

133. Cultural Cooperation Protocol
(cont.)
Audio-visual
• Negotiation & implementation of co-production
agreements
• Facilitate access to co-production agreements
• EC wide access for co-production
• Access to funding for the creative sector
• Cooperation on standards to ensure compatibility &
interoperability of technologies
• Facilitate rental & leasing of technical material &
equipment.
• Facilitate the digitalisation of audio-visual archives

134. “European Works”
Directive 89/552/EEC
Works co-produced within the frameworks of agreements
concluded between the Community & third countries
shall be deemed to be European works provided that:
– the co-producers from the Community supply a
majority share of the total cost of production and
that the production is not controlled by one or more
producers established outside the territory of the
Member States

135. EU Commitments in Entertainment
Services
Mode 1
• 25 Member States have scheduled Unbound
Mode 2
• CY, CZ, FI, MT, PL, RO, SK, SI: Unbound
• BG: Unbound, except for theatrical producer, singer group, band
and orchestra entertainment services (CPC 96191); services
provided by authors, composers, sculptors, entertainers and
other individual artists (CPC 96192); ancillary theatrical services
(CPC 96193)
• EE: Unbound for other entertainment services (CPC 96199),
except for cinema theatre services
• LT, LV: Unbound, except for cinema theatre operation services
(part of CPC 96199)

136. EU Commitments in
Entertainment Services
(cont’d)
Mode 3
• CY, CZ, FI, MT, PL, RO, SI, SK: Unbound
• BG: Unbound except for theatrical producer, singer group,
band and orchestra entertainment services (CPC 96191),
services provided by authors, composers, sculptors,
entertainers and other individual artists (CPC 96192) and
ancillary theatrical services (CPC 96193)
• EE: Unbound for other entertainment services (CPC 96199)
except for cinema theatre services
• LV: Unbound except for cinema theatre operation services
(part of CPC 96199)

137. EU Commitments in
Entertainment Services
(cont’d)
• 26 Member States (excluding Belgium) granted access
under Entertainment services (other than audio-visual)
for CSS
– EC 15 Provisionally in 2008
– EC10 after 3 years
– Bulgaria & Romania after 5 years
• Key personnel & graduate trainees
– FR: The necessary authorisation for the access to management
functions is subject to a condition of nationality when the
authorisation for more than two years is required

138. ATG Commitments in
Entertainment Services
Modes 1, 2 & 3 - None
Mode 4 - Unbound except as indicated in the horizontal
commitments - ENT for KP, GT, BV, CSS & IP

139. TOURISM
SERVICES

140. Tourism Services
• Introduces disciplines on prevention of
anticompetitive practices
– Tour operators, travel agencies, CRS
• No unfair prices, exclusivity clauses, refusal to
deal, tied sales or quantity restrictions
• Facilitate transfer of technology to establishments
– What is needed?
• Facilitate the participation of SME in the tourism
sector
– What is preventing their full participation?

141. Tourism Services
• Cooperate on MR
– Which of the disciplines to begin with
– Who to seek partnership with in the EU
• Provides for addressing environmental & quality
standards – must not constitute unnecessary barriers
to trade & allow for CF participation in int’l standard
setting organ.
– Determine the activities that the sector wants to
participate in

142. Development Cooperation in
Tourism
• Takes into consideration asymmetries
• Subject to Article 7 of the Agreement
– Upgrade nat’l accounting systems
• Introduction of the TSA
– Develop capacity for environmental management
– Facilitate the development of marketing strategies for
SME’s
– Provide for exchange programmes & training,
including languages
• Development of projects to address the areas highlighted

143. Exchange of information and
consultation
• Modalities for dialogue to be developed by the Trade and
development Committee
• Private and other relevant stakeholder to be part of the
dialogue
• Regular dialogue on the issuance of travel advisories

144. EU Commitments in Tourism
(Cross-border/Modes 1 & 2)
Hotels, Restaurant & Catering Services
• All except for 3 Member States have unbound,
except for catering services (EE, FI, HU)
Travel Agencies & Tour Operators
• 2 Member States with Unbound (BG & HU)
Tourist Guides Services
• 10 Member States with Unbound
No limitations under modes 2

145. EU Commitments in Tourism
(Establishment/Mode 3)
• Hotel, Restaurant & catering - Only two Member
States with reservation (BG – no branches & IT - ENT)
• Travel agencies & Tour operators - Only two Member
States with reservation (BG & PT)
• No limitations for Tourist Guides Services
Persons can therefore go to the EU and establish in the
sectors listed subject to conditions

146. EU Commitments in Tourism (Key
Personnel/Mode 4)
• BG: The number of foreign managers is not to exceed
the number of managers who are Bulgarian citizens,
in cases where the public (state and/or municipal)
share in the equity capital of a Bulgarian company
exceeds 50 per cent

147. EU Commitments in Tourism
(CSS/Mode 4)
• Chef de cuisine services(part of CPC 87909)
– EC: Advanced technical qualification and at least 6 years
of demonstrable work experience at the level of chef de
cuisine may be required. Economic needs test.
(Where the qualification has not been obtained in the EC
and its Member States, the Member State concerned
may evaluate whether this is equivalent to the
qualification required in its territory.)

148. EU Commitments in Tourism
(CSS/Mode 4)
Travel Agencies and Tour Operators Services
• 14 Member States - None
• 12 Member States - ENT
• 1 Member State – Unbound
Tourist Guides Services
• 21 Member States – ENT
• 5 Member States - Unbound
• 1 Member State – None (SE)

149. ATG Commitments in Tourism
(cont’d)
Hotel Management
Modes 1, 2 & 3 – No reservations
Marina Services
Modes 1 & 2 None; Mode 3 - For vessels 30-100 feet, marinas
with more than 100 slips. For vessels over 100 feet, marinas
with less than 100 slips; 4) None
Spa Services
Modes 1 & 2 - None; 3) Joint venture required
Mode 4 Unbound except as indicated in the horizontal section
(ENT for KP, GT)

150. ATG Commitments in Tourism
Hotels, Restaurants and Catering Services
Mode 1 - Unbound
Mode 2 & 3 - No reservations (None)
Mode 4 – Unbound except as indicated in the horizontal
section (ENT for KP, GT)
Persons from the EU can therefore come to Antigua and
enjoy these services as well as establish business

151. CARIFORUM Commitments in
Tourism (Cont’d)
Spa Services
• ATG, BRB, BEL, DMA, DOM, GRD, JAM, KNA, VCT, SUR, TTO
– Modes 1 & 2 - All others None except TTO 1 & 2 –
Unbound
– Mode 3 – All other None except ATG & KNA - Joint
venture required & VCT - Unbound
Mode 4 – Unbound except as indicated in the horizontal
section (ENT for KP, GT)

152. Summary of CARIFORUM
Commitments in Tourism
Commercial Presence
• CARIFORUM countries were generally liberal in their offer on
commercial presence for Hotels, Restaurants and Catering with
limitations such as ENTs relating only to small hotels &
nationality conditions in Trinidad and Tobago
• For Travel Agencies and Tour Operators, there were limited
commitments (only 5 Member States)
• For Tourist guide services only the DR which had no limitations
except for mode 4

153. Summary of CARIFORUM
Commitments in Tourism
(cont.)
Temporary presence of natural persons for business purposes
• Limited commitments on CSS and IP, with most states
scheduling “Unbound except for horizontal commitments” -
Except in Hotel Development, where Dominica and Grenada
have limited entry to the managerial and specialist skill
level. In Marina services, 3 of the 12 scheduling countries,
Antigua and Barbuda, St. Lucia and Trinidad and Tobago,
scheduled none for all categories except CSS and IP.

154. Summary of CARIFORUM
commitments
• In the majority of States there are no limitations in
modes 1 & 2
– Reflective of the importance on these modes for trade in
services (for mode 1 have to take into consideration rates for
telecommunication services)
• Mode 3 is much more restrictive - Mostly unbound or
joint venture requirements
– Reflects the need to develop regulations and contribution to
the sector through joint ventures
• Mode 4 limited commitments - subject to ENT
(availability of skills in the market)
– Reflects the endeavor to encourage the development of
small/individual suppliers

155. CHALLENGES
OPPORTUNITIES

156. Challenges
• Absence of tax treaties to avoid double taxation
• Foreign exchange controls
• Language
• Ignorance of cultural norms, customs and values
• Protectionist policies
• Meeting the right people
• Cost of travel
• Ignorance of the laws
• Residential status requirement in some EU States
• Absence of harmonisation and accreditation between
institutions in CF & the EU

157. Challenges
• Small size of firms
• Lack of business operation in the EU
• Unwillingness to collaborate
• Need to revise, implement & enforce required
legislation

158. Opportunities
• Openness to foreigners
• Use of English
• Access to other markets (Also the link between the FCORs and the mianland)
• Contacts in place
• Pricing
• Positive attitude towards joint ventures/partnerships
• Diaspora populations
• Implementation of the Agreement
• Removal of the visa requirement for the FCORs
• Access to the FCORS - regular LIAT flights
• Utilizing the expertise in the FCORS to meet standards to access
the EU markets

159. Opportunities
• Special opportunity for joint ventures
• Ability to add unique value-added
• Some States in the region have resources and
personnel to provide training in some areas
• Promoting investment to increase demand

160. Observations
Entertainment Services
Challenges
– Need to be viewed as a business
– Lack of organization among practitioners
– Lack of venture capital
– Lack of standards & monitoring
– Standards to be met in the EU is very expensive (Audio visual)
– The issue of languages – requirement for sub-titles or dubbing

161. Entertainment services (cont’d.)
Opportunities
– Trust in education to involve training in arts
– Real niche market due to unique value-added
– Contribution to the tourism
– Development of a clearing house mechanism
– cultural expo as an avenue to attract & foster investment

162. Entertainment services cont.
Weaknesses
– Lack of investment
– Lack of training
– Angle of creativity – need for creative expertise
– Absence of sufficient specialists
– Insufficient draftspersons to prepare domestic legislation
– Lack of for a to involve ideas of everyday cultural practitioners
– Lack of established mechanism for registration & certification
– Lack of proper functioning of accreditation bodies

163. Observations (Architectural
Services)
Challenges
– Need for retraining to meet EU standards
– Cultural impact of the inflow of providers
– Need to change the mind set to exporting
– Tax structure hinders ability to compete
– Implementation of required legislation
Opportunities
– Joint ventures can facilitate operation in the sector

164. Observations (Engineering
Services)
Challenges
– Educational system not adapted to the EU regulations & standards
– Lack of funds for increased training & investment in upgrading of
educational facilities
– Two different levels of qualifications
– Implementation of required legislation
– 3 year Engineering degree not recognized within the region
– Lack of efficient regulation
– Asymmetry of qualified engineers within the region
Opportunities
– Joint ventures can facilitate operation in the sector
– Promoting investment to increase demand
– Special opportunity for joint ventures

165. Other issues to consider (Demand-
side)
Demand-side issues (market access, consumers, target
markets, regulatory regimes)
• Which sectors are of priority
• Which EU Markets are priority targets
• Determine the regulatory requirements for access
• Identify persons & companies in the EU for partnership
• Need to MRA to capitalize upon opportunities

166. Other issues to consider (Supply-
side)
Supply-side issues (Competitiveness, product quality, HR,
Technological capabilities)
• develop a central point for negotiating different aspects of cultural
• Identify best practices & standards for MR
• Need to develop capacity to meet nat’l & int’l standards
• Increased investment in new technologies
• Technical assistance for professional development
• Development of policies and legislation
• Provide training to contest the EU market

167. Implementation issues
• CARIFORUM-EC cooperation and regional CARIFORUM
integration
• Future Liberalisation
– Identification of new sectors and the conditions of liberalisation
• Facilitatory Measures, Sectoral Measures & Measures on
Mode of Supply
• Analysis of regulatory framework - Amending legislation
& adopting new
– Harmonisation & enactment of a modern regulatory framework

168. Implementation issues (cont.)
• Ensure MA & NT granted in accordance with the
schedule
– CF & EU
– Analysis of schedule to det. opportunities avail.
– What is needed for market penetration
• Train specialists to monitor other FTAs and address
granting/receipt of MFN to service providers
• Develop policies and legislation to govern the behaviour
of investors & maintenance of standards on investments

169. Implementation issues (cont.)
• Conduct nat’l consultations toward development of policies
and legislation for the implementation of provisions &
commitments in services & investment
• Conduct nat’l consultations towards the future liberalisation
of services & investment commitments
• Review legislation & implement new legislation to facilitate
trade in all sectors liberalised – assessment being conducted
• Complete the process of the CARICOM – DR services
schedule

170. Implementation (cont.)
• Develop a national strategic development plan
• Development/implementation of required legislation for
registration & certification
• Training
• Development/amendment of legislation to address the
use of title and practice as an architect & engineer

171. Implementation issues (cont.)
Movement of Natural Persons –
• Mechanism to address the ENT
– Collection of data
– Thorough assessment of what policy is in place for temporary entry
– What labour market test is in place (national & regional)
• How do we assess the HR needs
• Effect given to the definitions & terms for Temporary
presence
• Sensitization of all stakeholders on legal requirements for
temporary movement
– Training seminars with immigration & labour officials

172. Implementation issues (cont.)
• Development of projects for the sustainable
development of tourism
• Establishment of programmes for environmental &
quality standards applicable to tourism services
• Determine what are the technological needs of
established tourism services industries
• Determine what is needed for the better participation of
SME in the tourism sector
• Determine what are the development cooperation and
technical assistance needs of the tourism sector.

173. Implementation (cont.)
• Government policies on culture and trade, intellectual property,
ICT, industrial and innovation upgrading etc developed
• Model Co-production Treaty prepared
• Harmonized regional policies based on the Protocol prepared
• Market intelligence gathering system introduced
• Coordinated regional system for the classification, registration and
certification of cultural professionals developed
• Technical assistance needs identified to strengthen industry
associations and support services for the cultural industries
• Technical assistance needs of the different sectors identified

174. Implementation issues (cont.)
• establishment of enquiry points
• facilitate prior publication of new measures;
• specify and publicize application requirements;
• establish mechanisms for the timely response to application queries
• Create the policy framework for conducting e-commerce
• Develop & implement legislation on ICT
• Thorough analysis of development cooperation needs for the services sector
– Development of proposals & projects

175. Way forward (cont.)
• What is necessary for your sector to become more competitive
• What activities must be undertaken to implement the provisions
• What you need to know about the EU & DR market
• How the cooperation provisions can assist your development
• Do you have the relevant laws & regulations in place
• Do you have the necessary technology
• Where is training required
• How effective is the organizational structure
• How do non-nationals operate in the market
• Greater collaboration/coordination between Ministries and
agencies

176. Way forward
• Implement the provisions of the CSME that will allow for
the free movement of Service Suppliers;
– Registration, Certification, Recognition & MR
• Implement necessary regulations for the regulatory and
administrative operation of professionals;
• Determine the areas of interest for developing co-
production agreements
– Negotiation of regional co-production agreements
• Determine the sectors of interest for exporting
• Create the relevant professional bodies to discuss with
EU counterparts and agree on professional standards

177. Way forward
• More public-private collaboration
• Government-Government collaboration

178. Thank you