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(b) Entrepreneurs and investors: foreigners who
are granted the right to long-term settlement in a
country on condition that they invest a minimum sum
of money or create new productive activities in the
receiving country.
Elements of mode 4 GATS commitments
33. The examples listed in box A.1 are not exhaustive
but indicate the types of commitments that selected
countries have made under mode 4 in their national
schedules of commitments under GATS.
Box A.1 Examples of the types of GATS commitments in mode 4
Categories of persons
Temporary stay of a natural person who falls in one of the following categories:
Example 1: Intra-corporate transfers
For all legal purposes, senior and specialized personnel must establish residence in country A.
Senior personnel are those executives who come under the direct supervision of the board of directors of the
enterprise established in country A and who:
•
Direct the management of the organization or one of its departments or subdivisions;
•
Supervise and control the work of other supervisory, professional or managerial employees;
•
Are personally authorized to hire and fire or recommend hiring and firing or other personnel actions.
Example 2: Specialized personnel are those highly qualified persons who are indispensable to the supply of the service
because of their professional knowledge or:
•
Possession of qualifications for a particular type of work or activity requiring specialized technical
expertise;
•
Proprietary knowledge of the organization’s services, research equipment, techniques or management;
•
The non-availability of such specialized personnel in country A.
Providers of services are admitted temporarily,
for a period of two years, which can be extended for two more
years. Personnel admitted under these conditions will be subject to the provisions of the labour and social security
legislation in force.
Example 3: Business visitors
A natural person who stays in country A without acquiring remuneration from within country A and without
engaging in making direct sales to the general public or supplying services, for the purposes of participating in
business meetings, business contacts, including negotiations for the sale of services and/or other similar activities,
including those to prepare for establishing a commercial presence in country A. Entry and stay shall be for an initial
period of
6 months and up to a maximum of 12 months.
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