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Contractual services suppliers



 

wages as well as collective wage agreements. Commitments on movement of persons do not apply in cases where the intent or effect of such movement is to interfere or otherwise affect the outcome of any labour/management dispute or negotiation.


 

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1. The Parties reaffirm their respective obligations arising from their commitments under the General Agreement on Trade in Services [of 1994] (hereinafter referred to as "GATS") as regards the entry and temporary stay of contractual services suppliers.

 

2. For every sector listed below, each Party shall allow the supply of services into their territory by contractual services suppliers of the other Party, subject to the conditions specified in paragraph 3 [of this Article] and in Annexes XVI-C and XVI-F [to this Agreement] on reservations on contractual service suppliers and independent professionals:

 

(a) Legal services

 

(b) Accounting and bookkeeping services

 

(c) Taxation advisory services

 

(d) Architectural services, urban planning and landscape architectural services

 

(e) Engineering services, integrated engineering services

 

(f) Computer and related services

 

(g) Research and development services

 

(h) Advertising

 

(i) Management consulting services

 

(j) Services related to management consulting

 

(k) Technical testing and analysis services

 

(l) Related scientific and technical consulting services

 

(m) Maintenance and repair of equipment in the context of an after-sales or after-lease services contract

 

(n) Translation services

 

(o) Site investigation work

 

(p) Environmental services

 

(q) Travel agencies and tour operator services

 

(r) Entertainment services

 

3. The commitments undertaken by the Parties are subject to the following conditions:

 

(a) The natural persons must be engaged in the supply of a service on a temporary basis as employees of a juridical person, which has obtained a service contract not exceeding twelve months;


 

 

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(b) The natural persons entering the other Party should be offering such services as employees of the juridical person supplying the services for at least the year immediately preceding the date of submission of an application for entry into the other Party. In addition, the natural persons must possess, at the date of submission of an application for entry into the other Party, at least three years professional experience27 in the sector of activity which is the subject of the contract;



 

(c) The natural persons entering the other Party must possess:

 

(i) a university degree or a qualification demonstrating knowledge of an equivalent level28 ; and

 

(ii) professional qualifications where this is required to exercise an activity pursuant to the laws, regulations or legal requirements of the Party where the service is supplied.

 

(d) The natural person shall not receive remuneration for the provision of services in the territory of the other Party other than the remuneration paid by the legal person employing the natural person;

 

(e) The entry and temporary stay of natural persons within the Party concerned shall be for a cumulative period of not more than six months or, in the case of Luxembourg, twenty-five weeks in any twelve month period or for the duration of the contract, whichever is less;

 

(f) Access accorded under the provisions of this Article relates only to the service activity which is the subject of the contract and does not confer entitlement to exercise the professional title of the Party where the service is provided;

 

(g) The number of persons covered by the service contract shall not be larger than necessary to fulfil the contract, as it may be requested by the laws, regulations or other legal requirements of the Party where the service is supplied;

 

(h) Other discriminatory limitations, including on the number of natural persons in the form of economic needs tests, specified in Annexes XVI-C and XVI–F [to this Agreement] on reservations on contractual service suppliers and independent professionals;

 

 

Article 102

 





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