upon country-specific reciprocal commitments on access for each other’s business persons.<sup>17</sup> Most countries commit to allow business visitors to stay in the country for up to 90-180 days and to allow professionals and service suppliers to stay up to 12 months.

Generally most countries’ TPP commitments reflect their cross-sectoral GATS and Doha offers on the presence of natural persons (mode 4). For example, Australia reserved the right to adopt or maintain any measure with respect to the supply of a service by the presence of natural persons that is not inconsistent with Australia’s obligations under Article XVI of GATS (Annex II of Australia, page 2). Even though the US did not make specific commitments, it stated that “...Information contained in this document is drawn from the US Revised Offer of 2005” (Annex I, page 17 and Annex II, page 13), indicating that the TPP commitments would have been based on their Doha offer on mode 4.

The TPP does contribute to transparency because some countries provided information on the overall quota, economic needs test, and labor market test, and licensing qualification information. Countries such as New Zealand indicated that entry of independent professionals is subject to an economic needs test (ENT). Countries such as Vietnam and Peru maintain an overall quota on foreign employees. Vietnam’s TPP commitment in this category maintains what it offered in the accession schedule of the WTO; the commitment states that at least 20 percent of the total number of managers and executives, and specialists shall be Vietnamese nationals, but a minimum of 3 non-Vietnamese managers, executives and specialists are permitted. Peru indicates foreign natural persons may not represent more than 20 percent of the total number of employees of an enterprise and their pay may not exceed 30 percent of the total payroll for wages and salaries of the enterprise. Mexico’s committed temporary entry of professionals and technicians subject to reciprocal treatments of other members.

Qualifications and licensing applicable to professionals are generally not included in the main part of Chapter 12 on the Temporary Entry for Business Persons.<sup>18</sup> Instead, Annex 10A of the chapter on Cross-Border Trade in Services contains broad provisions encouraging recognition and facilitating licensing and registration of professionals. It also encourages adoption of the APEC registry of engineers and architects and allowing foreign lawyers to practice foreign law in the host country on the basis of their qualifications in their home countries (Annex 10A, provision 9-10).

# **V. OTHER SERVICES-RELATED RULES IN THE TPP**

In the discussion of Sections II and IV, we showed how the TPP has enhanced the transparency and legal certainty of services policy. In this section, we consider how other services-related rules have also contributed to transparency, predictability and enhanced market access. We argue that the provisions on cross-border data flows in Chapter 14 on electronic commerce are the most

> 17 While the U.S. did not submit a schedule of specific commitments on temporary entry, the U.S. would have been obliged to observe the provisions on transparency and cooperation contained in the main text of Chapter 12. 18 A few countries did specify their qualification and licensing requirements in Annex 12A. For example, Japan specifies the qualifications and licensing requirements to practice certain professions. Canada’s commitment notes that professionals from certain countries such as Australia can practice without meeting additional professional qualifications subject to reciprocity.

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