WTO | Services - Movement of natural persons

Introduction back to top

What is “the movement of natural persons”? The provisions of services can take place in four different ways — called the four modes. The presence of natural persons is the fourth mode. It consists of persons of one Member temporarily entering the territory of another Member to supply a service (e.g. accountants, doctors or teachers).

“Movement of natural persons” refers to the entry and temporary stay of persons for the purpose of providing a service. It does not relate to persons seeking citizenship, permanent employment or permanent residence in a country.

The current negotiations back to top

Currently, the movement of natural persons is being discussed in the context of the new services negotiations, which began January 2000.

Proposals on the movement of natural persons

The mandate back to top

Description of the four modes of services delivery, including the movement of natural persons, is included in the GATS.

Attached to the GATS, is the Annex on Movement of Natural Persons which defines the context of application of commitments in the fourth mode.

The Post-Uruguay round negotiations on the movement of natural persons resulted in improved commitments attached to the Third Protocol (adopted 21 July 1995, entered into force on 30 January 1996) to the GATS. The Third Protocol provides for the annexation of the new commitments to the Uruguay Round services schedules.

Current commitments and exemptions back to top

All commitments and MFN exemptions

Uruguay Round and Post-Uruguay Round negotiations back to top

In the Uruguay Round, commitments scheduled under the fourth mode of supply, the movement of natural persons, were largely limited to two categories: first, intra-company transferees regarded as “essential personnel”, such as managers and technical staff linked with a commercial presence in the host country; and second, business visitors, who are short-term visitors not in general gainfully employed in the host country. The Negotiating Group on Movement of Natural Persons was established in may 1994, as the result of a further Decision by Ministers at Marrakesh, to negotiate improved commitments.

Bilateral negotiations on this subject were supervised by the Negotiating Group, which concluded its work on 28 July 1995. Six Members — Australia, Canada, the European Community and its member States, India, Norway and Switzerland — made higher level commitments on the movement of natural persons. The improvements mostly concern access opportunities for additional categories of service suppliers, usually independent foreign professionals in a number of business sectors, or the extension of their permitted duration of stay.