movement of natural persons by cong mayong aguja
TRANSCRIPT
JPEPA’s Chapter 9: Movement of Natural
Persons
Rep. Mario “Mayong” Joyo AgujaRep. Mario “Mayong” Joyo Aguja
Forum-Workshop on JPEPA and
GATS Mode 4: What’s in it for the Migrants?June 6, 2007, University Hotel, University of the Philippine
BackgroundBackground2002 Jan. – PM Koizumi proposed the “Initiative for
Japan-ASEAN Comprehensive Economic Partnership”
2002 May – PGMA proposed to set up Working Group to study possibility of EPA
2002 Aug. – informal discussion of modalities for proceeding with bilateral consultations
2003 May – PGMA issued EO 312 creating the Phil. Coordinating Committee to negotiate a proposed JPEPA
2003 Oct. – Framework for ASEAN-Japan Comprehensive Economic Partnership was signed
2004 Feb. – formal negotiations commenced
2006 Sept – JPEPA was signed in Helsinki
Clash of interests?PHILIPPINES
Market access for agricultural goods (Trade in Goods)Significant increase in Foreign Direct InvestmentMarket access for nurses and caregivers, IT professionals among others (Movement of Natural Persons)Enhanced bilateral economic cooperation through technical assistance (Cooperation)
JAPANMarket access for industrial goods, particularly steel, auto and auto parts, and electronics/electrical products (Trade in Goods)RP acceptance of Japan’s sensitivities in rice and leather (Trade in Goods)Unrestricted Foreign Direct Investment through MFN or national treatment for its investments (Investments)Transparency and predictability in rules on trade and investments through standstill obligations (Investments, Trade in Services)Improvement of Business Environment through the timely and effective resolution of issues affecting Japanese enterprises (Business Environment)
Objectives of JPEPA
Liberalize and facilitate trade in goods and services between the Parties;Facilitate the mutual recognition of the results of conformity assessment procedures for products and processes;Increase investment opportunities and strengthen protection for investments and investment activities in the Parties;Enhance protection of intellectual property and strengthen cooperation in the field thereof to promote trade and investment between the Parties;Promote transparency in government procurement in the Parties;Promote competition by addressing anti-competitive activities and cooperate in the field of competition;Establish a framework for further bilateral cooperation and improvement of business environment;Promote transparency in the implementation of laws and regulations respecting matters covered by this agreement; andCreate effective procedures for the implementation and operation of this agreement and for the resolution of disputes.
3112
Annex 7: Reservations for Future and Existing Measures (Philippines
Annex 8: Specific Commitments for the Movement of Natural Persons (Part 1: Sec. 1-6, Appendices 1-2; Part 2: Sec. 1-6)
9.210
52Annex 7: Reservations for Future and Existing measures (Japan)9.1
117Annex 6: Schedules of Specific Commitments and List of Most-Favored Nation Exemptions (Philippines8.2
61Annex 6: Schedules of Specific Commitments and List of Most-Favored Nations Exemptions (Japan)8.1
5Annex 5: Financial Services7
5Annex 4: Sectoral Annex in Relation to Article 616
1Annex 3: Minimum Data Requirement for Certificate of Origin5
108Annex 2: Product Specific Rules4
200Annex 1: Philippine Tariff Schedules (Industrial)3.6
34Annex 1: Philippine Tariff Schedules (Agriculture)3.5
140Annex 1: Tariff Schedules (Agricultural and Industrial)3.4
7Annex 1: Tariff Schedules – Part 3: Notes for Schedule of Philippines3.3
16Annex 1: Tariff Scheduels – Part 2: Notes for Schedule of Japan3.2
3Annex 1: Tariff Schedules – Part 1: General Notes3.1
29JPEPA Implementing Agreement (Art. 8-11)2
107JPEPA Text (Art. 108-116)1
PagesDocumentsNo.
1 or 3 years, may be extended
1 or 3 years, may be extended
•Accounting, auditing and bookkeeping services supplied by an accountant qualified as “Koninkaikeishi” under Japanese law•Taxation services supplied by a tx accountant qualified as “Zeirishi” under Japanese law
1 or 3 years, may be extended
•Legal services supplied by a patent attorney qualified as “Benrishi” under Japanese law
1 or 3 years, may be extended
•Consultancy on law of jurisdiction where the service supplier is a qualified LAWYER on condition that the service supplier is qualified “Gaikoku-Ho-Jimu-Bengoshi” under Japanese law
1 or 3 years, may be extended
•Legal services supplied by a LAWYER qualified as “Bengoshi” under Japanese law
1 or 3 years, may be extended
4. Natural persons of the Phils. who Engage in Professional Services:
1 or 3 years, may be extended
3. Investors
1 or 3 years, may be extended
2. Intra-corporate transferes
90 days, may be extended (without acquiring renumeration)
1. Short-term visitorsLength of stay allowedNature
1 or 3 years, may be extended
5. Natural Persons of the Philippines who Engage in Supplying services, which require technology or knowledge as an advanced level of which require specialized skills belonging to the particular fields of industry, on the basis of a contract with Public or Private organization in Japan.(physical sciences, engineering or other natural sciences under the status of residence of “engineer”; human science, including jurisprudence, economics, business management and accounting, or which require ideas and sensitivity based on culture of a country other than Japan, under the status of residence of “Specialist in Humanities/International Services”.
(i) pursuing the course of training including Japanese language training, referred to in the Implementing Agreement, for six (6)months; and(ii) after completion of the said training, acquiring necessary knowledge and skills at the hospital mentioned below through the training under the supervision of “Kangoshi”
(a) for the purposes of obtaining a qualification as a nurse under Japanese law (hereinafter referred to in this Section as “Kangoshi”
6. Natural persons of the Phils. who engage in supplying services as Nurses or Certified Careworkers or Related activities, on the Basis of contract with Public or Private Organizations in Japan, or on the Basis of admission to Public or Private training facilities in Japan
(i) pursuing the course of training including Japanese language training, referred to inthe Implementing Agreement, for six (6) months; and(ii) after completion of the said training, acquiring necessary knowledge and skills atthe caregiving facility mentioned below through the training under the supervisionof “Kaigofukushishi”,
(b) for the purposes of obtaining a qualification asa certified careworker under Japanese law (hereinafter referred to in this Section as“Kaigofukushishi”);
For Nurse or “Kangoshi”1. For the purposes of subparagraph 1(a) of Section 6, a “natural person of the Philippines” shall be a natural person of the Philippines who is a qualified nurse underPhilippine laws and regulations with work experience as a nurse for at least three (3) years;
Note:
For the purposes of this paragraph, a “qualified nurse under Philippine laws and regulations” means a nurse who passed the Philippine Licensure Examination for Nurses under Philippine laws and regulations.
Careworker or“Kaigofukushishi”2. For the purposes of
subparagraph 1(b) of Section 6, a “natural person of the Philippines” shall be a natural person of the Philippines who graduated with bachelor’s degree from a higher education institution from which the minimum period required for graduation is four (4) years and certified as a caregiver by the Government of the Philippines in accordance with the laws and regulations of the Philippines, or a natural person of the Philippines who graduated from a nursing school; and
Note:
For the purposes of this paragraph, a “nursing school” means a higher education institution authorized by the Philippine Government to operate a Bachelor of Sciencein Nursing program.
99.237,80938,1121993
98.940,00440,4451994
96.040,82242,5321995
89.840,92745,6001996
87.043,31749,7741997
83.644,36453,0521998
97.153,82155,4041999
96.446,81748,568200
84.140,62548,3322001
84.344,82053,1872002
92.649,71453,6802003
91.244,87449,2042004
91.444,13748,2992005
88.343,21148,9142006
90.646,00050,7662007
PercentageNo. of Board PassersNo. of
ExamineesYear
Japanese Nurse Board Exam (Kangoshi Kokka Shiken)
Caregivers Exam (Kaigo Fukushishi Kokka Shiken)
2002 41.4%2003 48.0%2004 49.3%2005 42.6%2006 46.8%
How much a female care worker in Japan could earn a month?
2145.836.1220Nursing Care Worker
269,0008.145.728Care Manager
277,0004.129.727Physical therapist
193,0005.942.8158Nursing aid279,0009.642.7234Auxiliary nurse
315,0006.735.8403Professional nurse
Ave. monthly
cash earnings
(Yen)
Average length of service (Years)
Average ageEmployees (1,000)
Occupation
Data based on the Basic Survey on Wage by the Department of Health and Labor, Japan, 2004
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