CARIFORUM and UK EPA Study

performance requirements, such as for construction related investments in Jamaica.

In terms of the breadth of coverage of these regulatory requirements, however, the Dominican Republic imposes the widest range of Mode 3 horizontal market access and national treatment limitations among CARIFORUM countries, while at the opposite end Antigua and Barbuda and Suriname were the only CARIFORUM countries without any horizontal limitations on Mode 3 commercial service supply. The prohibitions on foreign investment in the Dominican Republic seek, among other things to target specific activities that may have an effect on the environment, public health or are relevant to the DR’s national defence and security. There are also only a few instances where ENTs are linked to the employment activities of foreign companies, where legal form limitations exist, or where investors are required to facilitate technology transfer, training and capacity building. However, most OECS countries reserve a number of small business service opportunities for investment by nationals. CARIFORUM States also undertook very few commitments in relation to Mode 4 temporary movement of naturals persons, and mainly only signalled access to UK natural persons through their prevailing visa and work permit regimes, which were then largely subjected to ENTs. This is with the exception of commitments for the temporary movement of Graduate Trainees, which represented an automatic liberalization commitment once a Mode 3 commitment was made, but would still be subject to ENTs. Where commitments were made by CARIFORUM for the temporary entry of UK Contractual Services Providers (CSS) and Independent Professionals (IP), these were subjected to the conditions stipulated under Article 83 of the Agreement, which places limitations on the time period, the terms of employment/engagement, the qualification requirements for provision of a service, while further subjecting access to any prevailing ENTs.

iii. The UK’s Services and Investment Regulatory Framework under the CARIFORUM-UK EPA

The conditions of market entry into the UK for CARIFORUM services providers under the

Page 100 of 241