DRAFT

MODEL SCHEDULE

COVERING THE

TEMPORARY ENTRY OF NATURAL PERSONS

I.          Introduction

a.

This draft  model schedule  is put forward as a basis to focus negotiations on the

temporary entry of natural persons in a single document. It is divided into two parts.

The first deals with market access and national treatment commitments.  It is

designed to supplement and improve the existing commitments already undertaken in

the Uruguay Round and the extended negotiation thereafter. As a  model schedule , it

is not designed as a  formula  of commitments that all parties are to assume. Rather,

it is a specific proposal that is designed to generate improved commitments in this

mode of supply, recognizing that countries may adopt different levels of obligations.

b.

Existing obligations in the category of temporary entry of natural persons are

structured to apply to all services sectors, and are therefore entered as  Horizontal

Commitments  that either leave out no service sector, or otherwise apply to those

sectors listed in their schedules of specific commitments. This follows the pattern of

regulation in nearly all countries, where, with a number of exceptions, government

measures governing the temporary entry of natural persons apply to all sectors.  This

model schedule follows the same structure, thus envisioning further entries in

horizontal commitments pertaining to all sectors.  However, it is recognized that it

may be necessary for countries to schedule these commitments for a more limited set

of services sectors, since they would entail a higher level of obligation. Nonetheless,

the underlying presumption in the elements of the model schedule is that the

obligation is assumed for professional skill levels, and that such a standard exists in

virtually every service sector.

c.

The second part of the model schedule, which is entitled  best practices , represents a

set of proposed additional commitments.  This part essentially encompasses domestic

regulatory obligations that relate to the improvement of transparency of procedures.

The objective of the second part would be for countries to enter undertakings

pursuant to Article XVIII, similar to the  reference paper  obligations in basic

telecommunications. Some may question whether such regulatory obligations are

 non discriminatory , since they pertain solely to foreign persons entering the

country, not nationals.

However, this issue of placement is a comparatively technical one, particularly at this

early stage of the process.  Of much greater importance is that they are inscribed in

Schedules of Commitments, and they are deliberately set apart from the obligations to

Part 1 because there would be no discretion to take reservations from this particular

set of obligations among those willing to make such commitments.

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