Movement of business people a SADC perspective Malcolm McKinnon - - PowerPoint PPT Presentation
Movement of business people a SADC perspective Malcolm McKinnon Trade in Services Advisor to SADC Outline Importance of movement of business people SADC Protocol on Facilitation of Movement of People SADC Protocol on Trade in
Malcolm McKinnon Trade in Services Advisor to SADC
real costs on economies
entry)?
Open markets Export interests require reciprocity Skills shortages Import of skills leads to improvement
Temporary entry leading to people absconding Free movement of labour vs threat to domestic jobs Unfair access to social security benefits Economic migration vs asylum seeking - security Political targets to reduce net migration
SADC Treaty (1991)
Trade Protocol (1996) Trade in Services Protocol (2010) Facilitation
Movement
Protocol (2005)
Transport, Communication and Meteorology Protocol (1996)
Other sectoral Protocols, eg Tourism, Energy, etc
1. SADC Treaty, which advocates for the “promotion of interdependence and integration of national economies for the harmonious, balanced and equitable development of the region” 2. Protocol on Tourism Development, which advocates for the introduction of a tourist Univisa
and within the territories of State Parties
a. entry, for a lawful purpose and without a visa, into the territory of another State Party for a maximum period of ninety (90) days per year for bona fide visits and in accordance with the laws of the State Party concerned; b. permanent and temporary residence in the territory of another State Party; c. establishment of oneself and working in the territory of another State Party
the date of entry into force:
a. harmonisation around entry for a maximum period of ninety (90) days per year for bona fide visits b. standardisation of immigration procedures c. establishment of a separate SADC desk at ports of entry d. sufficient number of border crossing points with identical opening hours e. simple border permit/border passes for citizens of State Parties who reside in border areas f. abolition of visa requirements g. co-operation in the provision of training
MEMBER STATES DATE OF SIGNATURE DATE OF RATIFICATION Botswana 18-8-2005 6-9-2006 DRC 18-8-2005 Lesotho 18-8-2005 Mozambique 18-8-2005 9-12-2005 Namibia 18-8-2005 South Africa 18-8-2005 4-2-2008 Swaziland 18-8-2005 2-8-2006 Tanzania 18-8-2005 Zimbabwe 18-8-2005 Angola Madagascar Malawi Mauritius Seychelles Zambia
2000: Services Annex to Trade Protocol – liberalization of 6 priority sectors 2006: Standalone Protocol instead of Annex 2009: Adoption of Protocol by CMT 2011: Adoption of Negotiating Guidelines by CMT and approval to start negotiations 2012: Start of negotiations in April 2012; Protocol open for signature – 11 Member States sign at 2012 SADC Summit 2013: Zimbabwe signs at SADC Summit 2015: Negotiations due to end March 2015; CMT approves extension until December 2015 South Africa signs at SADC Summit CMT approves further extension until September 2016 2016: CMT approves further extension beyond September 2016 for 2 sectors
(Botswana, Mauritius, Mozambique, South Africa)
Mode of supply Short description GATS definition Example Mode 1 Cross-border supply From the territory of one Member into the territory of any other Member Computer services supplier in Country A supplying services to Country B via the Internet Mode 2 Consumption abroad In the territory of one Member to the service consumer of any other Member Hotel in Country B providing services to a visiting citizen from Country A Mode 3 Commercial presence By a service supplier of one Member, through commercial presence in the territory of any other Member Bank in Country A setting up a branch, subsidiary or joint venture in Country B Mode 4 Movement of natural persons By a service supplier of one Member, through presence of natural persons
Manager of bank in Country A moving temporarily to Country B to set up or run its branch office, subsidiary or joint venture
Mode of supply Short description GATS definition Example Mode 1 Cross-border supply From the territory of one Member into the territory of any other Member Computer services supplier in Country A supplying services to Country B via the Internet Mode 2 Consumption abroad In the territory of one Member to the service consumer of any other Member Hotel in Country B providing services to a visiting citizen from Country A Mode 3 Commercial presence By a service supplier of one Member, through commercial presence in the territory of any other Member Bank in Country A setting up a branch, subsidiary or joint venture in Country B Mode 4 Movement of natural persons By a service supplier of one Member, through presence of natural persons
Manager of bank in Country A moving temporarily to Country B to set up or run its branch office, subsidiary or joint venture
Article Heading Preamble 1 Objective 2 Scope and definitions 3 MFN 4 Short-term temp movement 5 Long-term temp movement 6 Market access 7 National treatment 8 Transparency of procedures Article Heading 9 Simplification and harmonization of procedures and documentation 10 Fees and formalities for the issue of visas 11 Expedited processing times 12 Immigration measures 13 Labour market testing 14 Cooperation between Tripartite immigration and labour market authorities 15 Concluding provisions
Article Heading Preamble 1 Definitions: “Business person” shall be limited to business visitors, traders and investors 2 Citation 3 Establishment 4 Objectives 5 Guiding principles 6 Scope 7 Temporary entry, stay and exit 8 Identification of a business person 9 Transparency Article Heading 10 Simplification and harmonization of procedures and documentation 11 Fees and charges 12 Multi-entry visas 13 Cooperation between relevant authorities 14 Expedited processing times 15 Immigration and security measures 16 Dispute settlement … Concluding provisions
longer period of up to 180 days.
between each other, and to grant – or not grant – visas on arrival in accordance with their domestic legislation
the agreement in the way they want
legislation.