WORLD TRADE  
ORGANIZATION  TN/S/W/47 
21 June 2005 
 
 (05-2632) 
Council for Trade in Services 
Special Session Original:   English 
 
 
 
COMMUNICATION FROM CANADA 
 
Proposal on Transparency of Horizontal Mode 4 Commitments  
 
 The following communication, dated 20 June 2005, from the delegation of Canada is being 
circulated to the Members of th e Council for Trade in Services. 
 
_______________ 
  
1. As many WTO Members are aware, improved transparency of mode 4 commitments has been 
an issue for discussion for some time in these negotia tions - in bilateral meet ings, in the Friends of 
Mode 4, in the Special Session of the Council for Trade in Services and at various mode 4 
conferences.  This proposal was initially introduced in  the Friends of Mode 4 in July 2002 to promote 
discussion among Members on strengthening the transparency and improving the understanding of 
horizontal mode 4 commitments.  It is now be ing introduced to the wider WTO membership.  
2. This proposal primarily focuses on improving the information on horizontal mode 4 
commitments and not on other transparency-related issues.
1 Early in these negotiations, several 
Members made general proposals on transparency.  Transparency has been a key issue of discussion 
at various WTO/World Bank/OECD/UNCTAD mode 4 seminars in recent years.  More recently, a 
group of Members submitted a specific proposal on m ode 4 transparency that builds on aspects of this 
proposal.   
 
I. TRANSPARENCY PROBLEMS 
3. Few would dispute that the existing horizont al mode 4 commitments are not sufficiently 
transparent.  The transparency pr oblems that are often cited, furthermore, show the viewpoints of 
various users of the specific commitments.  For example, business people in general, small and 
medium-sized enterprises (SMEs), human resources ma nagers or specialists, immigration lawyers and 
consultants say that many mode 4 commitmen ts, as written in the schedules, are opaque or 
meaningless.  They need more information to understand what they mean.  These problems are 
compounded because Members have not made commitm ents in a uniform manner and consequently, 
                                                      
 1 For example, the 2002 OECD paper, "Service Providers on the Move: a Closer Look at Labour 
Mobility and the GATS" (TD/TC/WP(2001)26/Final) addr esses transparency issues in relation to GATS 
Articles VI.4 (Domestic Regulations) and Article XVIII  (Additional Commitments).  PricewaterhouseCoopers, 
the European Services Forum and US Coalition of Services  Industries, in their similar proposals, have outlined 
several transparency issues, many of which GATS Article III addresses.  These discussions or proposals touch 
on, besides clearer information on the commitments per se , the following subjects: a) prompt publication or 
public availability of relevant measures, b) prompt or annual notification of new measures or changes to existing 
measures, c) requests for specific information, d) prior-consultation and comment procedures, e) clear, simple 
and predictable application procedures, f) information or guarantees on processing times, g) reasons for denials and procedures for reviews or appeals, and h) national enquiry points. TN/S/W/47 
Page 2  
 
 their commitments are difficult to  compare. Analysis is complic ated as well because Members use 
different terminology and have diffe rent temporary entry systems.  
4. GATS mode 4 commitments are made under Artic le XVI (Market Access) and Article XVII 
(National Treatment).  Apart from the measures covered by these articles, other immigration and labour measures exist in domestic regimes that may affect mode 4 commitments.  Some studies on 
mode 4 have observed that officials often lack the basic or detailed information on the temporary 
entry regulations or procedures of other Members to clearly assess the real value or the extent to which commitments are liberal or facilitative.
2  They argue that better analysis of a Member's mode 4 
commitments in relation to its domestic regime on immigration and labour market development is 
crucial in determining the benefits of commitments offered or made.   
5. Existing mode 4 commitments often do not provide enough details.  For example, the 
commitments of some Members do not specify clearly  if an economic needs test or a labour market 
test applies, or does not apply, to a certain categor y of natural person.  In some cases, such measures 
are operating as prerequisites for the issuance of wo rk visas or permits, but the commitment does not 
say so.  Therefore, what appears to be a liberal co mmitment on paper may not be liberal or valuable in 
practice, and trade policy officials often do not have necessary information to determine that.  It is not 
just lack of information on ENTs that undermine existing commitments.  Supplementary measures or 
requirements not stipulated in actual commitments (e.g. duration of stay, possibility of extensions, 
caps, licensing and certification requirements, etc.),  undermine commitments as well.  This type of 
transparency would help trade policy officials to  determine the actual liberalization value of a 
commitment.   
 
II. PROPOSAL 
6. This paper proposes that Members should di scuss and reach a consensus on a common, 
practical and effective way to improve the in formation related to their horizontal mode 4 
commitments.  This proposal is different from, a nd goes beyond, the obligations in GATS Article III 
on transparency.  It goes beyond these obligations by suggesting that Members provide certain 
information on a voluntary, rather than a responsiv e, basis and the information provided would be 
available to all Members, including their trade policy officials and business people, rather than just to 
a requesting Member. 
7. Each Member, in the spirit of Article III a nd for the purposes of greater transparency and 
predictability, provide voluntarily and separate from its specific commitments, all relevant 
information sources for each of its commitments.3  A Member would not be expected to provide the 
actual wording of relevant laws, regulations, policies, practices or administrative guidelines with 
respect to each commitment.  Rather, Members woul d simply cite the relevant parts of their laws, 
regulations, administrative guidelines and other public information.  
8. The proposed information could be presented as a table along the lines of the transparency 
template submitted by Canada (the completed template is attached) at the time its revised offer was 
tabled (TN/S/W/42).  Specific references would be to public documents and include a website 
address, if available.  Experience has shown that it do es not take much time to complete this template.  
                                                      
2 This is quite evident, for example, in the ongoing bilateral meetings and subsequent bilateral 
exchanges. Negotiators are not only trying to clarifying  initial requests on horizontal mode 4, but also spending 
a lot of time delving into the details of Member 's temporary entry and stay regimes.     
3 Simply put, this is similar to academics providing footnotes that show readers where to get more 
information.  It would make transparent the regulato ry context of a particular commitment or clarify its 
relationship with corresponding parts of the national administrative rules and regulations.   TN/S/W/47 
 Page 3 
 
 
 Members may wish to consider how to link their commitments and this related information.  For 
example, Members could table the related informat ion, bilaterally or multilaterally, as Canada did, 
during the negotiations. This information would be  provided for purposes of transparency only and 
would neither interpret nor form any part of a Member’s specific commitments.  
9. The key objective is, however, that all Members ag ree to be transparent in the same way and 
that they set forth an explicit transparency re lationship between their mode 4 commitments and 
relevant parts of their temporary entry regimes a nd other public information.  Several Members have 
already indicated they would complete the template. 
10. This information would help trade policy officials and business people understand mode 4 
commitments.  It would be exactly the same information officials of a Member would expect to 
receive from the official enquiry point of another Member, if a request were lodged under Article 
III:4.  
 
III. CONCLUSION 
11. Previous discussions regarding transparency of mode 4 commitments have highlighted that 
Members agree that greater transparency is a high priority in these negotiations and that a common, 
practical and effective approach to mode 4 transp arency is needed.  Improved transparency, based on 
this proposal’s suggested approach, would be nefit not only business people seeking to work 
temporarily in our countries, but also trade polic y officials negotiating and assessing the commitments 
that are to result from these negotiations.   
 TN/S/W/47 
Page 4  
Horizontal Mode 4 Commitments Law Regulations Administrative 
Guidelines Other Public Information 
 
1. Intra-Corporate Transferees  
 A natural person of another Member who has 
been employed by a juridical person s
 of another 
Member for a period of not less than one year 
within the three-year period immediately 
preceding the date of application for 
admission to Canada  and seeks temporary 
entry in order to render services to (i) the same 
juridical person which is engaged in substantive business operations in Canada or (ii) a juridical 
person constituted in Canada and engaged in 
substantive business operations in Canada which is owned by or controlled by or affiliated 
with the aforementioned juridical person. 
 These comprise:  
 
 a) Executives
 
 
A natural person employed by a juridical person 
who primarily directs the management of that juridical person, establishes goals and policies 
for that juridical person or for one of its major 
components or functions, and has wide decision-making powers with little senior 
supervision. 
 
 
  
 
  
  
2002 Immigration 
and Refugee Protection Act at  
http://laws.justice.
gc.ca/en/I-
2.5/SOR-2002-
227/index.html  
  
2002 IRPA 
Regulations, (at  http://laws.justice.g
c.ca/en/I-2.5/SOR-
2002-
227/index.html  
Part 11, Division 3, Issuance of Work 
Permits, Canadian   
Interests,  Regulation  205(a).  
  
  
Temporary Foreign Worker 
Guidelines/FW1 Foreign Worker Manual at  
http://www.cic.gc.ca/manua
ls-
guides/english/fw/fwe.pdf  
Sections 5.28 and 5.31, p. 25, 28-30, Parts 1 and 3, 
and Appendix D on GATS.   
1. Working Temporarily in Canada 
www.cic.gc.ca/english/work/index.html
 
and 
http://www.cic.gc.ca/ english/work/exe
mpt-2.html  
 
2. Publication/brochure called "Temporary Entry to Canada under  the 
General Agreement on Trade in 
Services" 1996, C&I-155-03-96CIC, p. 4. 
 
3. Publication called “You Asked About…immigration and citizenship” at 
http://www.cic.gc.ca/english/pub/you-
asked/section-18.html  
 
  
  TN/S/W/47
 Page 5Horizontal Mode 4 Commitments Law Regulations Administrative 
Guidelines Other Public Information 
 b) Managers  
 
A natural person employed by a juridical person who directs that juridical person or one of its 
departments or subdivisions; supervises and 
controls the work of other supervisory, professional or managerial employees; and has 
discretionary control of the juridical person's 
daily affairs and can make employment decisions. 
 
 c) Specialists
 
 
A natural person employed by a juridical person 
who possesses specialized  knowledge at an 
advanced level of expertise and proprietary 
knowledge of the juridical person’s product, 
service, research equipment, techniques or 
management. 
 
d) Persons entering for career              
      development purposes]  
 
A natural person employed by a juridical 
person for not less than one year within the 
period immediately preceding the date of 
application for admission to Canada and 
who seeks temporary entry and stay for 
career development purposes or to obtain 
training in business techniques or methods. 
 
 
       
 
  
  
 TN/S/W/47 
Page 6 Horizontal Mode 4 Commitments Law Regulations Administrative 
Guidelines Other Public Information 
 
2. Business visitors (including service  
    sellers and persons responsible for   
    setting up a commercial presence)  
  
A natural person who stays in Canada without 
acquiring remuneration from within Canada 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 Canada and  to supply 
after-sales or after-lease services.  
  
2002 Immigration 
and Refugee Protection Act at  
http://laws.justice.
gc.ca/en/I-
2.5/SOR-2002-
227/index.html  
  
 
  
 
  
  
2002 IRPA 
Regulations, (at  http://laws.justice.g
c.ca/en/I-2.5/SOR-
2002-
227/index.html  
Part 9, Division 3, 
Work without a permit, Regulations 
186a & 187. 
  Temporary Foreign Worker 
Guidelines/FW1 Foreign Worker Manual at  
http://www.cic.gc.ca/manua
ls-
guides/english/fw/fwe.pdf  
Section 5.2, p. 9 and 
Appendix D on GATS.  
 
  
  
1. Working Temporarily in Canada 
www.cic.gc.ca/english/work/index.html  
 
2. Publication/brochure called 
"Temporary Entry to Canada under  the General Agreement on Trade in 
Services" 1996, C&I-155-03-96CIC, 
 p. 4. 
 
 
   
 
 
3. Contract Service Suppliers (CSS)  
 
A natural person who is an  employee of a 
juridical person of another Member and seeks 
to engage, as part of  a services contract 
granted by a juridical person or a services 
consumer in Canada and obtained by that  
juridical person of the other Member (other 
than agencies as defined by CPC 872), in an 
activity at a professi onal level in an 
occupation listed in the chart below, provided 
that the person possesses the necessary 
education and accreditation requirements as 
stipulated in the chart below.  
 
  
2002 Immigration 
and Refugee 
Protection Act at  http://laws.justice.
gc.ca/en/I-
2.5/SOR-2002-
227/index.html  
 
  
 
  
 
  
  
2002 IRPA 
Regulations, at  
http://laws.justice.g
c.ca/en/I-2.5/SOR-
2002-
227/index.html  
Part 11, Division 3, 
Regulation 204(a) 
on international agreements. 
 
  
Temporary Foreign Worker 
Guidelines/FW1 Foreign 
Worker Manual at  http://www.cic.gc.ca/manua
ls-
guides/english/fw/fwe.pdf  
Section 5.26, p. 19 on the 
labour market test 
exemption for GATS professionals, Section 5.27, 
p. 20 and Appendix D on 
GATS.
  1. Working Temporarily in Canada 
www.cic.gc.ca/english/work/index.html
 
 2. Publication/brochure called 
"Temporary Entry to Canada under  the 
General Agreement on Trade in Services" 1996, C&I-155-03-96CIC, 
 p. 4. 
  
  TN/S/W/47
 Page 7 
Horizontal Mode 4 Committments Law Regulations Ad ministrative Guidelines Other Public Information 
 
4. Independent Professionals  
 
A natural person who is a self-employed 
professional in another Member and seeks to 
engage, as part of a services contract granted 
by a juridical person or a services consumer in 
Canada and obtained by that professional in 
an activity at a professional level in an 
occupation listed in the chart below, provided 
that the person possesses the necessary 
education and accreditation requirements as 
stipulated in the chart below.  
  
2002 Immigration 
and Refugee Protection Act at  
http://laws.justice.
gc.ca/en/I-
2.5/SOR-2002-
227/index.html  
  
 
  
  
2002 IRPA 
Regulations at http://laws.justice.g
c.ca/en/I-2.5/SOR-
2002-
227/index.html  
Part 11, Division 3, 
Regulation 204(a) on international 
agreements.  
  
Temporary Foreign Worker 
Guidelines/FW1 Foreign 
Worker Manual at  http://www.cic.gc.ca/manuals-
guides/english/fw/fwe.pdf  
Section 5.26, p. 19 on the 
labour market test exemption 
for GATS professionals, Section 5.27,  p. 20 and 
Appendix D on GATS.
  1. Working Temporarily in Canada 
www.cic.gc.ca/english/work/index.html
 
 
2. Publication/brochure called 
"Temporary Entry to Canada under  the General Agreement on Trade in 
Services" 1996, C&I-155-03-96CIC, 
 p. 4. 
 
 
5. Other 
 
Spouses and common-law partners of 
qualifying intra-corporate transferees or 
professionals  
  
2002 Immigration 
and Refugee 
Protection Act at 
http://laws.justice.
gc.ca/en/I-
2.5/SOR-2002-
227/index.html  
 
 
   
  
2002 IRPA  
Regulations at 
http://laws.justice.g
c.ca/en/I-2.5/SOR-
2002-
227/index.html  
Part 11, Division 3, Regulation 
205(c)ii, spouses 
and common-law partners of skilled 
workers.  
Temporary Foreign Worker Guidelines/FW1 Foreign 
Worker Manual at  
http://www.cic.gc.ca/manuals-
guides/english/fw/fwe.pdf  
Section 5.39, p. 35.  
1. Working Temporarily in Canada www.cic.gc.ca/english/work/index.html
 
 
2. News Release November 2001at 
http://www.cic.gc.ca/english/press/01/0
125%2Dpre.html  
 
Note:    The categories listed  in this template reflect both Canada’s current commitments and el ements of its initial and revi sed mode 4 offers.  
a)  Plain text – Canada’s current commitments   b)   Bold/Italics/Shaded – Ca nada’s initial offer  c )  Bold/Shaded – Canada’s revised offer  
 TN/S/W/47 
Page 8  
Occupation4     Minimum Education Requirements/Alternative Credentials Other  Requirements 
 
Engineers  
 
Agrologists  
  
 
Architects
 
 
 
Forestry Professionals  
 
 
Geomatics Professionals  
 
 
Land Surveyors  
 
  
Baccalaureate degree.5 
 
Baccalaureate degree in agriculture or related science plus 
four years of related experience.  
 
Baccalaureate degree in architecture.  
 
Baccalaureate degree in forestry management or forestry engineering, or a provincial license.  
 
Baccalaureate degree in surveying, geography or 
environmental sciences plus th ree years related experience. 
 
Baccalaureate degree.  
  
Provincial license.6 
 
Licensing is required in New Brunswick, Alberta and 
Québec.  Temporary licensing is required in British Columbia. 
 
Provincial license and certif icate required to practice. 
 
Licensing as a forester or forestry engineer is required in 
Alberta, British Columbia and Québec.  
 
 
  
 
Provincial license.  
 
 
 
 
 
                                                      
4 In May 2005, the  definitions of these professions could be found in Can ada’s National Occupation Classification (NOC) at      
http://www.hrsdc.gc.ca/en/h ip/hrp/noc/noc_index.shtml  
 
5 The term "Baccalaureate degree" means a degree from an accredited academic  institution in Canada or equivalent.  Academic equivalencies will be determined by the 
relevant equivalencies services in Canada.  
 
  6 The term "Provincial license" means any docum ent issued by a provincial government, or  under its authority, which permits a per son 
to engage  in a regulate d activity or profession . 
  
  TN/S/W/47
 Page 9 
 
Occupation   Minimum Education Requirements/A lternative Credentials Other  Requirements 
 
Foreign Legal Consultants  
 
Urban Planners  
 
Information and Communications 
Technology Professionals  
  
 
  
 
  
 
 
 
Management Consultants   
Baccalaureate degree in law.  
Baccalaureate degree in urban planning. 
 
Baccalaureate degree in computer sciences or related a 
discipline and two (2) years of experience in computer 
sciences; or   
Baccalaureate degree and five (5) years of experience in 
computer sciences; or  
A Canadian I.S.P. designation (Information Systems 
Professional of Canada) or a licence or designation from a 
recognized foreign certification body.7 
 
 
A designated Certified Mana gement Consultant (CMC) or 
equivalent designation recogn ized by the International 
Council of Management Consulting  Institutes (ICMCI); or 
 
A management consultant certifie d by an accreditation body 
that is not recognized by  the ICMCI but having a 
Baccalaureate degree and 5 years experience in a field 
directly related to the nature  of the service contract.  
 Provincial license. 
 Provincial license.  
 
 
__________ 
 
                                                      
7 Current list of recognized certification bodies:  United Kingdom - British Computer So ciety (BCS);  United States - Institute for the Certification of Computing 
Professionals (ICCP);  Canada - Canadian Information Processing  Society (CIPS); New Zealand - Ne w Zealand Computer Society (NZC S); Australia - Australian 
Computer Society (ACS).