commit in their schedules to give the US the benefits of market access
and national treatment. US suppliers providing pensions and funds
management services
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will have access, on a non discriminatory
basis, to offer their services to private and/or public pension systems
provided by host countries. Where pension fund services are provided
through the commercial presence mode, US suppliers will be afforded
the choice of opportunities as provided in C.1 (a) and C.2 above. US
suppliers providing public and private pension funds and services may
offer the range of product and investment options they find necessary
to meet benefit needs consistent with national treatment requirements.
D.
Market Access Temporary Entry of Natural Persons
1. In general, nationality and residency requirements on personnel
should be avoided.
2. Where a US insurance supplier operates through a commercial presence, it
may select, as its representative in the host country, any person who
physically resides in the host country, irrespective of nationality; provided
that the representative meets regulatory standards that identify competency
to perform services in such a role, and any other provisions relating to the
fitness of that individual to perform the obligations of a company
representative.
3. In addition to the commitments undertaken in the general headnote to the
agreement schedule pertaining to the temporary entry of natural persons, the
following additional obligation is assumed with respect to insurance: host
countries shall provide temporary visa and associated work permits, where
required, to professional level personnel employed by the US insurance
services supplier's home and third country offices in a timely manner for the
purpose of entering the country and providing short and mid term assistance
to its host country insurance services operations.
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15
Pension fund services would include the design of public and private pensions systems; the marketing of such
pensions to individuals, employers, and governmental entities; the investment of pension funds on behalf of
pension plan participants and retirees; and the administration of public and private pension plans including, but
not limited to, administrative services and record keeping, compliance and enrollment services.
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These obligations under the fourth mode of supply must be read with undertakings in the headnotes to services
schedules addressing this category. For countries that have scheduled according to the Understanding on Financial
Services, any specific obligations assumed under the Understanding must be read with these obligations.
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