Presentation to Symposium on Movement of Natural Persons
Tokyo, 19 March

'APEC APPROACHES TO MOVEMENT OF NATURAL PERSONS'

INTRODUCTION

I WOULD LIKE TO THANK THE GOVERNMENT OF JAPAN FOR THE OPPORTUNITY TO ADDRESS THIS IMPORTANT SYMPOSIUM.

MY PRESENTATION FOCUSSES ON APEC'S APPROACHES TO FACILITATE THE MOVEMENT OF BUSINESS PEOPLE. I WILL ALSO OUTLINE SOME KEY ELEMENTS OF AUSTRALIA'S APPROACH.

IT IS A BUSINESS IMPERATIVE THAT PEOPLE WITH ENTREPRENEURIAL SKILLS AND CAPITAL ARE ABLE TO MOVE QUICKLY ACROSS BORDERS TO PURSUE BUSINESS OPPORTUNITIES. THE CHALLENGE FOR GOVERNMENTS IS TO FIND WAYS TO MAKE THAT HAPPEN BETTER, AND, AT THE SAME TIME, ENSURE THE SECURITY OF OUR BORDERS AND THE SAFETY OF TRAVELLERS.

BOTH THE WORLD TRADE ORGANISATION AND APEC RECOGNISE THE IMPORTANCE OF FACILITATING THE MOVEMENT OF BUSINESS PEOPLE TO REALISING GREATER ECONOMIC DEVELOPMENT AND GROWTH.

APEC 'S ROLE AND THAT OF THE WTO IN SECURING TRADE LIBERALISATION ARE MUTUALLY REINFORCING, AND BOTH FORA AIM TO FACILITATE TRADE AND INVESTMENT BY REDUCING THE BARRIERS TO THE FREE FLOW OF TRADE, INCLUDING UNDULY RESTRICTIVE TEMPORARY ENTRY REGULATIONS AND ADMINISTRATIVE RED TAPE.

THE WTO GENERAL AGREEMENT ON TRADE IN SERVICES (GATS) RECOGNISES FOUR MODES BY WHICH SERVICES CAN BE SUPPLIED. MODE 4, RELATING TO THE TEMPORARY ADMISSION OF FOREIGN NATIONALS AS SERVICE PROVIDERS, IS A PRIME AREA OF INTEREST IN THE DOHA ROUND OF NEGOTIATIONS.

LIBERALISING TRADE IN SERVICES, INCLUDING THROUGH MODE 4 , HAS BECOME INCREASINGLY IMPORTANT AS THE SHARE OF SERVICES IN GLOBAL ECONOMIC ACTIVITY HAS EXPANDED RAPIDLY IN RECENT YEARS. TRADE IN SERVICES CONTRIBUTES OVER TWO THIRDS OF GLOBAL ECONOMIC OUTPUT AND ACCOUNTS FOR ONE FIFTH OF ALL INTERNATIONAL CROSS BORDER TRADE, AND UP TO 50% OF ALL FOREIGN INVESTMENT.

APEC IS A SIGNIFICANT CONTRIBUTOR TO THE GLOBAL EXPANSION OF TRADE IN SERVICES AND SUPPORTS THE WTO DOHA ROUND OF NEGOTIATIONS TO ENHANCE THE MULTILATERAL TRADING SYSTEM.

AS OCCURRED IN THE WTO, IN THE MID NINETIES APEC LEADERS FORMALLY RECOGNISED THAT THE MOVEMENT OF BUSINESS PEOPLE WAS A SIGNIFICANT COMPONENT IN ENHANCING GLOBAL TRADE AND INVESTMENT, PARTICULARLY GIVEN THE GLOBALISATION OF PRODUCTION, GROWING DEMAND FOR SERVICES AND SKILLED PERSONNEL, AND CRITICAL IMPORTANCE OF INVESTMENT IN STIMULATING ECONOMIC GROWTH.

APEC'S APPROACH TO FACILTATING BUSINESS MOBILITY

APEC'S APPROACH TO FACILITATING THE MOVEMENT OF BUSINESS PEOPLE, THROUGH THE BUSINESS MOBILITY GROUP (BMG), REFLECTS APEC TRADE FACILITATION PRINCIPLES, APEC LEADERS' DIRECTIVES AND THE NEEDS OF THE APEC BUSINESS COMMUNITY AND GOVERNMENTS.

THE BMG WAS ESTABLISHED IN 1997 WITH A CLEAR TASK: TO ADDRESS CALLS BY THE APEC BUSINESS ADVISORY COUNCIL (ABAC), APEC'S PRIVATE SECTOR BODY, FOR:

SIMPLIFIED SHORT TERM ENTRY REQUIREMENTS, WITHOUT THE REQUIREMENT FOR VISAS OR ENTRY PERMITS;
STREAMLINED AND SIMPLIFIED PROCESSING FOR TEMPORARY BUSINESS RESIDENCE; AND
TRANSPARENT AND CONSISTENT REGULATORY ARRANGEMENTS TO ALLOW FOR SEAMLESS CROSS BORDER MOVEMENT.

THE CHALLENGES

HOWEVER, AS I INDICATED AT THE START OF MY PRESENTATION, THESE NEEDS ARE ONLY PART OF WHAT MUST BE ACHIEVED WITHIN APEC.

AT THE SAME TIME, THE BMG IS CHARGED WITH THE TASK OF MEETING GOVERNMENTS' NEEDS, WHICH MAY NOT ALWAYS BE SEEN AS SUPPORTING BUSINESS.

GOVERNMENTS FACE A DUAL CHALLENGE: TO ENHANCE BORDER SECURITY AND THE INTEGRITY AND SAFETY OF PASSENGER MOVEMENTS, WHILE AT THE SAME TIME, EFFICIENTLY MANAGE HIGH VOLUMES OF PEOPLE MOVEMENTS ACROSS THEIR BORDERS.

I WOULD, HOWEVER, URGE YOU TO SEE THESE DUAL CHALLENGES AS COMPANION NEEDS; NOT AS COMPETING INTERESTS. THE GREATEST IMPEDIMENT TO STREAMLINED TRAVEL FOR BUSINESS PEOPLE (AND TOURISTS) LIES IN BORDER MANAGEMENT SYSTEMS THAT LACK INTEGRITY, THAT FAIL TO ADEQUATELY CATER FOR THE RISKS ASSOCIATED WITH ILLEGAL ENTRY. ONE ONLY HAS TO LOOK AT THE IMMEDIATE AFTERMATH OF THE EVENTS OF 11 SEPTEMBER, WHEN THE BORDER BETWEEN CANADA AND THE US WAS SHUT DOWN FOR SEVERAL DAYS BRINGING COMMERCE AND TRADE TO A STANDSTILL, TO UNDERSTAND THE DUALITY OF INTERDEPENDENCY OF EFFECTIVE BORDER MANAGEMENT AND TRADE AND INVESTMENT.

IT IS ESTIMATED THAT, IN 2000 THERE WERE MORE THAN 222 MILLION AIR TRAVELLERS ARRIVING IN THE APEC REGION. PASSENGER TRAFFIC IN THE REGION THEN FELL BY OVER 10 % POST SEPTEMBER 11, BUT RECOVERED TO GROW BY ALMOST 6% IN 2002, IN CONTRAST TO PASSENGER TRAFFIC IN THE NORTH AMERICAN AND EUROPEAN REGIONS WHICH REGISTERED NEGATIVE PERCENTAGE GROWTH. OVERALL, IN 2002, GLOBAL INTERNATIONAL PASSENGER TRAFFIC SHOWED A SLIGHT INCREASE OVER 2001 OF 0.06%, BUT THE INTERNATIONAL AIR TRANSPORT ASSOCIATION (IATA) BELIEVES THAT THE RECOVERY PROCESS HAS STARTED. IF THE POLITICAL CLIMATE REMAINS STABLE AND THERE IS NO MILITARY CONFLICT, IATA PREDICTS A 6.4% INCREASE IN TOTAL PASSENGER TRAFFIC IN 2003.

THIS PREDICTION DOES NOT TAKE INTO ACCOUNT THE FAR LARGER AND INCREASING NUMBER OF MOVEMENTS ACROSS LAND BORDERS, WHICH IN CHINA, FOR EXAMPLE, NUMBERED CLOSE TO ONE BILLION MOVEMENTS IN 2001. BASED ON THE AVERAGE PROPORTION OF BUSINESS VISITORS REPORTED BY APEC ECONOMIES, ABOUT 10 PERCENT OF PASSENGERS TRAVEL FOR BUSINESS PURPOSES. THE BALANCE WOULD BE MADE UP OF TOURISTS, EQUALLY IMPORTANT TO THE SUSTAINED ECONOMIC DEVELOPMENT OF ECONOMIES IN APEC.

SEPTEMBER 11, THE BALI BOMBINGS AND OTHER TERRORIST ATTACKS IN THE REGION, HAVE FOCUSSED THE ATTENTION OF GOVERNMENTS ON THE NEED TO ENHANCE BORDER CONTROL AND SECURITY. APEC LEADERS HAVE CALLED FOR THE IMPLEMENTATION OF SPECIFIC MEASURES TO SUPPORT ECONOMIES' EFFORTS TO COMBAT TERRORISM AND TO SECURE TRADE IN THE REGION.

TO MEET THE LEADERS' GOALS, GOVERNMENTS FACE AN IMMENSE CHALLENGE: TO EMPLOY INNOVATIVE BORDER MANAGEMENT SOLUTIONS THAT DELIVER BORDER SECURITY AND PASSENGER MOVEMENT INTEGRITY, WHILE ENSURING THE MOVEMENT OF HIGH VOLUMES OF LEGITIMATE TRAVELLERS IS NOT DISRUPTED.

LEADERS HAVE ALSO CALLED FOR AN OVERALL REDUCTION OF FIVE PERCENT IN THE COSTS ASSOCIATED WITH BUSINESS MOVEMENTS BY 2006. THE CHALLENGE FOR APEC GOVERNMENTS IS TO BUILD CAPACITY TO ADOPT BEST PRACTICE BORDER MANAGEMENT SYSTEMS AND STRATEGIES THAT:

MINIMISE DELAYS TO FACILITATE THE ENTRY OF GENUINE TRAVELLERS,
MINIMISE COMPLIANCE ACTIONS AGAINST AIRLINES AND GENUINE PASSENGERS
REDUCE ILLEGAL MOVEMENTS AND
REDUCE THE COSTS TO GOVERNMENTS, TRAVELLERS AND AIRLINES.

THIS WILL NOT BE AN EASY TASK. RESOURCE LIMITATIONS ON GOVERNMENTS DEMAND THAT WE FIND INNOVATIVE STRATEGIES AND TECHNOLOGICAL SOLUTIONS THAT PROVIDE BOTH GREATER NATIONAL SECURITY AND PASSENGER FACILITATION.

BMG CAPACITY BUILDING STRATEGY

THESE CHALLENGES ARE BEING ADDRESSED BY THE BMG THROUGH ITS CAPACITY BUILDING STRATEGY, WHICH WAS ENDORSED BY APEC TRADE MINISTERS IN OCTOBER 2001, AS AN EFFECTIVE APPROACH FOR BUILDING CAPACITY TO FACILITATE TRADE AND INVESTMENT.

THE STRATEGY IS TO AGREE ON STANDARDS, IN DEGREES, ACROSS IMMIGRATION PROCESSING - PRE ARRIVAL, ENTRY, STAY AND DEPARTURE. STANDARDS COVER THE TECHNICAL, ORGANISATIONAL, PEOPLE AND REGULATION REQUIREMENTS NECESSARY TO ENABLE ECONOMIES TO IMPROVE THEIR IMMIGRATION REGIMES TO FACILITATE BUSINESS TRAVEL.

THE STRATEGY CALLS FOR THE IDENTIFICATION OF STANDARDS, WHICH ONCE AGREED BY ALL MEMBERS, ENABLES ECONOMIES TO SELF-ASSESS THEIR CAPACITY BUILDING NEEDS AGAINST THE STANDARDS, AND TO DEVELOP AND IMPLEMENT INDIVIDUALLY TAILORED CAPACITY BUILDING PROGRAMS.

TO ENSURE THAT ECONOMIES' NEEDS FOR FURTHER CAPACITY BUILDING WERE CLEARLY IDENTIFIED, THE BMG CONDUCTED A SURVEY ACROSS THE REGION IN NOVEMBER 2001. THE FOUR HIGHEST PRIORITIES IDENTIFIED BY ECONOMIES FOR THE DEVELOPMENT OF STANDARDS AND CAPACITY BUILDING INCLUDED: TRAVEL DOCUMENT EXAMINATION; THE APPLICATION OF TECHNOLOGIES; PROFESSIONAL SERVICE AND TRAVEL DOCUMENT SECURITY.

EACH OF THESE AREAS IS BEING ADDRESSED, WITH THE ASSISTANCE OF APEC FUNDING, IN ACCORDANCE WITH THE BMG'S AGREED CAPACITY BUILDING APPROACH, APEC'S TRADE FACILITATION PRINCIPLES AND OF COURSE, LEADERS' DIRECTIONS. I WILL DISCUSS THESE PROJECTS IN MORE DETAIL SHORTLY.

BMG GAINS

THE BMG HAS MADE STEADY PROGRESS IN A NUMBER OF KEY AREAS. STANDARDS HAVE BEEN AGREED FOR:

SHORT TERM BUSINESS ENTRY
LONG TERM BSUINESS TEMPORARY RESIDENCE IN RESPECT OF INTRA COMPANY TRANSFERS INCLUDING SPECIALISTS
THE PROVISION OF ONLINE UP-TO-DATE INFORMATION ON ECONOMIES' BUSINESS TEMPORARY ENTRY ARRANGEMENTS
IMPROVED TRAVEL DOCUMENT EXAMINATION REGIMES AND
HIGHER LEVELS OF PROFESSIONALISM AND INTEGRITY.

SHORT TERM ENTRY

RECOGNITION OF THE MUTUAL BENEFITS TO BE SHARED HAS MOTIVATED ECONOMIES TO AGREE TO IMPLEMENT STREAMLINED SHORT TERM ARRANGEMENTS, AS HAS THEIR STRONG DESIRE TO MEET THE EXPRESSED NEEDS OF THEIR RESPECTIVE BUSINESS COMMUNITIES.

APEC ECONOMIES HAVE IMPLEMENTED AT LEAST ONE OF THREE MUTUALLY AGREED SHORT TERM ENTRY OPTIONS FOR BUSINESS PEOPLE - VISA FREE, MULTIPLE ENTRY VISAS VALID FOR 3 YEARS AND/OR THE APEC BUSINESS TRAVEL CARD.

APEC BUSINESS TRAVEL CARD SCHEME

THE APEC BUSINESS TRAVEL CARD SCHEME DIRECTLY RESPONDS TO THE BUSINESS COMMUNITY'S CALL FOR SIMPLIFIED TRAVEL ARRANGEMENTS. ITS PROGRESS IS A CLEAR EXAMPLE OF HOW THE PATHFINDER APPROACH WORKS IN PRACTICE. IT ALSO ADDRESSES GOVERNMENTS' NEEDS FOR INTEGRITY IN PEOPLE MOVEMENTS.

THE SCHEME WAS FIRST PILOTED IN 1997 BY KOREA, THE PHILIPPINES AND AUSTRALIA. SINCE THAT TIME, MORE ECONOMIES HAVE JOINED AS THEIR CONFIDENCE IN THE SCHEME AND/OR AND THEIR CAPACITY TO MANAGE A LOCAL OPERATION HAS GROWN.

THE SCHEME'S MEMBERSHIP HAS GROWN TO 14 ECONOMIES; OF WHICH EIGHT ARE OPERATIONAL: AUSTRALIA, CHILE, HONG KONG (CHINA), KOREA, MALAYSIA, NEW ZEALAND, THE PHILIPPINES AND CHINESE TAIPEI. THE MOST RECENT PARTICPANTS ARE CHINA, INDONEISA AND JAPAN AND THEIR PARTICIPATION WILL PROVIDE A SIGNIFICANT BOOST TO THE SCHEME. I UNDERSTAND THAT JAPAN IS TO COMMENCE ITS OPERATIONS IN A FEW WEEKS TIME. CHINA, INDONESIA, PERU, BRUNEI AND THAILAND HAVE INDICATED THEY ALSO INTEND TO BE OPERATIONAL LATER THIS YEAR.

THE TRAVEL CARD SYSTEM IS SIMPLE YET EFFECTIVE TECHNOLOGY THAT STREAMLINES ENTRY ACCESS FOR BUSINESS, WHILE ENSURING THAT BORDER SECURITY AND THE INTEGRITY OF MOVEMENTS ARE MAINTAINED.

THE TECHNOLOGY IS A PRE-CLEARANCE SYSTEM WHICH SUPPORTS A SIMPLIFIED, STANDARD PROCEDURE FOR SHORT TERM TRAVEL IN THE REGION AND ALLOWS BUSINESS PEOPLE, THROUGH A SINGLE APPLICATION FORM, TO OBTAIN MULTIPLE SHORT TERM ENTRIES FOR A STAY OF UP TO 90 DAYS IN PARTICIPATING ECONOMIES. THIS NEGATES THE NEED TO APPLY FOR INDIVIDUAL ENTRY PERMITS AND VISAS FOR EACH ECONOMY. THERE ARE NO VISA LABELS PLACED IN THE PASSPORTS. THE CARD INDICATES THE ECONOMIES FOR WHICH PRE CLEARANCE HAS BEEN RECEIVED.

THE CARD ALSO PROVIDES CARDHOLDERS WITH STREAMLINED, EXPRESS IMMIGRATION PROCESSING THROUGH SPECIALLY MARKED APEC LANES AT MAJOR INTERNATIONAL AIRPORTS. THE SCHEME IS PARTICULARLY HELPFUL FOR SMALL AND MEDIUM ENTERPRISES (SMES) AS IT SAVES BOTH TIME AND THE COSTS INVOLVED WITH SECURING VISAS AND PERMITS FOR EACH ECONOMY.

THE PRE-CLEARANCE SYSTEM ALSO ENSURES THAT EACH ECONOMY MAINTAINS THEIR SOVEREIGN RIGHT TO CONTROL MOVEMENTS THROUGH THEIR BORDERS. THE DETAILS OF CARD APPLICANTS, ONCE VETTED BY THE APPLICANT'S HOME ECONOMY, ARE ELECTRONICALLY SENT SIMULTANEOUSLY TO ALL OTHER PARTICIPATING ECONOMIES FOR PRE CLEARANCE. ECONOMIES ARE ABLE TO CHECK APPLICANTS' DETAILS AGAINST THEIR ALERT LIST AND OTHER DATABASES, EFFECTIVELY TO PRE-CLEAR THE APPLICANT FOR ENTRY. ECONOMIES MAY UNDERTAKE ANY FURTHER CHECKS THEY CONSIDER NECESSARY AND TO REFUSE PRE CLEARANCE, WITHOUT PROVIDING A REASON, IF THEY CHOOSE TO DO SO.

EACH PARTICIPATING ECONOMY DEFINES THEIR ELIGIBILITY CRITERIA FOR THE CARD BUT ALL AGREE TO IMPLEMENT A MUTUALLY AGREED 'OPERATING FRAMEWORK', WHICH SPECIFIES, AMONG OTHER THINGS, BASIC CRITERIA WHICH ALL APPLICANTS MUST MEET AND A PRE CLEARANCE SERVICE STANDARD OF 14 DAYS WHICH ECONOMIES ENDEAVOUR TO MEET. THE CRITERIA INCLUDE THAT THE BUSINESS PERSON MUST BE A GENUINE BUSINESS PERSON WHO HAS A NEED TO TRAVEL FREQUENTLY WITHIN THE REGION FOR TRADE AND INVESTMENT PURPOSES AND THAT THEY HAVE NO CRIMINAL RECORD. MANY ECONOMIES ALSO REQUIRE APPLICANTS TO BE ENDORSED BY A LEADING BUSINESS ORGANISATION WITHIN THEIR ECONOMY, AS PART OF THE VETTING PROCESS.

I CONSIDER THAT THE ACCEPTANCE OF THE SCHEME WITHIN APEC CAN BE ATTRIBUTED TO TWO APPROACHES: THE PATHFINDER NATURE OF THE SCHEME AS WELL AS THE APPROACH TAKEN TO ITS ACTUAL OPERATION. THIS APPROACH INCLUDES SOME KEY FEATURES:

FIRSTLY, ITS OPERATING PRINCIPLES, AS STATED IN THE SCHEME'S AGREED OPERATING FRAMEWORK. IN PARTICULAR, THE KEY PRINCIPLE THAT THE SCHEME PRESERVES AN ECONOMY'S SOVEREIGNTY. EVEN THOUGH GENEROUS CONDITIONS OF ENTRY AND STAY ARE PROVIDED TO ABTC HOLDERS, THE SCHEME'S PRE-CLEARANCE SYSTEM ENSURES THAT EACH ECONOMY MAINTAINS THEIR RIGHT TO CONTROL WHO MAY ENTER AND EXIT THEIR BORDERS, INCLUDING THE RIGHT TO REFUSE AN ACCREDITED CARDHOLDER ENTRY OR EXIT AT THE BORDER;
THE GREATER INTEGRITY OF PASSENGER MOVEMENTS AFFORDED BY THE SCHEME IS ANOTHER KEY FEATURE. PARTICIPATING ECONOMIES CAN BE ASSURED THAT ACCREDITED CARDHOLDERS HAVE BEEN CHECKED BOTH AGAINST CRIMINAL HISTORY RECORDS IN THE HOME ECONOMY AND ALSO AGAINST THE WARNING LISTS OF THE OTHER PARTICIPATING ECONOMIES. THIS 'DOUBLE VETTING' PROCESS IS AN ASSURANCE THAT CARDHOLDERS ARE HIGH QUALITY, BONA FIDE BUSINESS PEOPLE. TO DATE, THERE HAVE BEEN NO REPORTED INCIDENCES OF FRAUD; AND
FINALLY, THE DELIBERATE DECISION TO KEEP THE SCHEME'S OPERATING REQUIREMENTS TO LOW TECH, LOW RESOURCE REQUIREMENTS, HAS ENABLED DEVELOPING ECONOMIES TO PARTICIPATE IN THE SCHEME, AND WITH THE CONFIDENCE THAT THEY CAN MAINTAIN ITS OPERATION. AT SOME TIME IN THE FUTURE, THE TRAVEL CARD MAY BECOME A SMART CARD. THIS IS AN ISSUE YET TO BE DISCUSSED BY THE BMG.

LONG TERM TEMPORARY ENTRY

ON LONG TERM TEMPORARY ENTRY ISSUES, THE BMG HAS AGAIN SOUGHT TO ADDRESS THE BUSINESS COMMUNITY'S PRIORITY NEED FOR GREATER STREAMLINING IN PROCESSING. TO DATE THE BMG HAS FOCUSSED ITS EFFORTS ON FACILITATING THE MOVEMENT OF INTRA COMPANY TRANSFERS AND SPECIALISTS, IN RECOGNITION OF THEIR IMPORTANCE TO REGIONAL TRADE AND INVESTMENT ACTIVITY.

A SERVICE STANDARD OF 30 DAYS HAS BEEN AGREED IN RESPECT OF VISA APPLICATIONS FOR TEMPORARY RESIDENCE FROM EXECUTIVES AND SENIOR MANAGERS ON INTRA COMPANY TRANSFER, ON A BEST ENDEAVOURS BASIS.

THIS STANDARD HAS ALSO BEEN EXTENDED TO 'SPECIALISTS'. REACHING AGREEMENT WAS HAMPERED BY ONE KEY ISSUE - THE LACK OF AN ACCEPTABLE DEFINITION. SPECIALISTS ARE OBVIOUSLY A VERY LARGE AND DIVERSE GROUP OF PEOPLE AND MANY ECONOMIES ALREADY HAD REGULATORY AND PROCEDURAL ARRANGEMENTS IN PLACE FOR DEALING WITH APPLICATIONS FOR DIFFERENT GROUPS OF SPECIALISTS. DEFINITIONS AND CONSEQUENT TREATMENT OF APPLICATIONS VARIED IN MANY WAYS ACROSS ECONOMIES.

IT WAS AGREED THAT EACH ECONOMY WOULD DEFINE 'SPECIALISTS' AS IT SAW FIT. THE OPTION WAS LEFT OPEN TO ECONOMIES TO CONFINE THEIR DEFINITION TO 'SPECIALISTS' ON INTRA COMPANY TRANSFER OR TO OPEN IT TO ALL SPECIALISTS. IT WAS CONSIDERED TOO IMPORTANT TO FACILITATE THE MOBILITY OF THIS GROUP, WHOSE SKILLS ARE IN DEMAND, TO JEOPARDISE THIS OUTCOME BY CONTINUING TO ATTEMPT TO REACH A SINGLE DEFINITION WHICH WOULD BE ACCEPTABLE TO ALL.

IMPORTANTLY, HOWEVER, IS THE AGREEMENT THAT THE DEFINITION IS PUBLICLY AVAILABLE TO ENSURE CLARITY, CERTAINTY AND TRANSPARENCY WITH REGARD TO THIS IMPORTANT GROUP OF PEOPLE.

ECONOMIES ARE ALSO CONSIDERING STREAMLINING ACCESS TO WORK RIGHTS FOR SPOUSES OF PERSONNEL ON INTRA COMPANY TRANSFER. SEVERAL ECONOMIES ALREADY PROVIDE SPOUSES WITH 'AUTOMATIC' WORK RIGHTS. THE AIM IS TO EXTEND THIS FACILITY ON A BEST ENDEAVOURS BASIS TO ALL ECONOMIES IN RECOGNITION OF THE IMPACT THIS FACTOR MAY HAVE ON A PROFESSIONAL COUPLES' DECISION TO TAKE UP A TRANSFER OFFER.

INFORMATION ON REGULATORY REGIMES

TO ASSIST BUSINESS TO OBTAIN CURRENT INFORMATION ON IMMIGRATION REQUIREMENTS, EACH ECONOMY PUBLISHES THEIR ARRANGEMENTS FOR SHORT AND LONG TERM BUSINESS TEMPORARY ENTRY IN A STANDARDISED FORMAT IN THE 'APEC BUSINESS TRAVEL HANDBOOK' SECTION OF THE BMG'S WEBSITE. THE INFORMATION INCLUDES ECONOMIES' REQUIREMENTS AND PROCEDURES, ANY FEES CHARGED, THEIR DEFINITION OF 'SPECIALISTS' AND AGENCY CONTACT DETAILS FOR FURTHER INFORMATION.

THE BMG WEBSITE IS A RECENT INITIATIVE DEVELOPED AND ADMINISTERED BY AUSTRALIA. THE WEBSITE ENABLES ECONOMIES TO UPDATE THEIR ENTRIES ONLINE, ENSURING THE INFORMATION IS CURRENT. PUBLISHING INFORMATION ON REGULATORY REGIMES IS A REQUIREMENT OF ALL ECONOMIES AND SUB-FORA, AS AGREED IN THE APEC TRANSPARENCY ACCORD.

THE WEBSITE ALSO HAS A MEMBERS-ONLY FACILITY TO PROMOTE INFORMATION EXCHANGE AND ONLINE DISCUSSION OF IDEAS OR TOPICS OF INTEREST TO MEMBERS.

MEMBERS HAVE ALSO AGREED TO MAKE AVAILABLE ON THE WEBSITE THEIR FREE TRADE AND OTHER TRADE AGREEMENTS, AS A WAY OF ASSISTING EACH OTHER IN NEGOTIATING THE INCLUSION OF BUSINESS TEMPORARY ENTRY PROVISIONS IN BILATERAL AND MULTILATERAL AGREEMENTS.

TRAVEL DOCUMENT EXAMINATION

ECONOMIES' CAPACITY TO DETECT TRAVEL DOCUMENT FRAUD IS CRITICALLY IMPORTANT TO GOVERNMENT EFFORTS TO COUNTER TERRORISM AND OTHER FORMS OF ILLEGAL MIGRATION. AN EFFECTIVE EXAMINATION REGIME PROVIDES ECONOMIES WITH THE CAPACITY AND CONFIDENCE TO IMPLEMENT ENTRY FACILITATION MEASURES.

THE BMG HAS PROVIDED TECHNICAL AND TRAINING ASSISTANCE OVER A 3 YEAR PERIOD TO ALL DEVELOPING ECONOMIES TO ASSIST IN ACHIEVING AGREED STANDARDS. A TRAINERS PACKAGE DEVELOPED BY EXPERTS IN THE FIELD IS BEING ACTIVELY INTEGRATED BY ALL ECONOMIES INTO THEIR NATIONAL TRAINING PROGRAMS.

STAR INITIATIVE

AS I INDICATED EARLIER IN MY PRESENTATION, SINCE THE EVENTS OF SEPTEMBER 11, OUR EFFORTS WITHIN THE REGION HAVE INCREASINGLY FOCUSSED ON ENHANCING THE SECURITY OF BORDER OPERATIONS TO INCREASE THE INTEGRITY AND SAFETY OF CROSS BORDER FLOWS.

APEC LEADERS HAVE RECOGNISED THE NEED 'TO ASSURE THE SECURITY OF TRADE AND TRAVEL, WHILE IMPROVING THE EFFICIENT FLOW OF LEGITIMATE GOODS AND TRAVELERS', IN THEIR COUNTER TERRORISM STATEMENT ON SECURING TRADE IN THE REGION (STAR), ISSUED IN OCTOBER 2002. STAR CALLS FOR MEASURES TO PROTECT PEOPLE IN TRANSIT - THROUGH THE ADOPTION OF ADVANCE PASSENGER INFORMATION AND TRAVEL DOCUMENT SECURITY AND BIOMETRIC STANDARDS, AND PROGRAMS TO ASSURE THE INTEGRITY OF ALL BORDER OFFICIALS.

MEETING THESE OBJECTIVES WILL REQUIRE A HIGH LEVEL OF SUSTAINED COMMITMENT BY ECONOMIES. THE TECHNOLOGIES ARE AVAILABLE BUT A HIGHLY COOPERATIVE APPROACH, AND COMMITMENT, WILL BE NEED IF WE ARE TO BE SUCCESSFUL IN MEETING THESE CHALLENGES.

THE BMG HAS APEC FUNDING TO ASSIST IN BUILDING THE CAPACITY OF ECONOMIES TO ENABLE THEM TO ADDRESS LEADERS' GOALS.

API

A CLEAR STATEMENT OF THE IMPORTANCE OF API WAS MADE BY LEADERS IN LOS CABOS IN OCTOBER IN THEIR ENDORSEMENT OF UNILATERAL API SYSTEMS AS A 'PATHFINDER INITIATIVE'. AS OCCURRED WITH THE ABTC SCHEME, THE API PATHFINDER APPROACH PROVIDES FOR ECONOMIES TO EXAMINE AND IMPLEMENT THE INITIATIVE, AS THEIR CAPACITY ENABLES THEM TO DO SO.

API SYSTEMS, IN RELATION TO ENHANCING BORDER SECURITY AND THE FACILITATION OF PASSENGER MOVEMENTS, MAKE IT POSSIBLE TO ACHIEVE THESE TWIN GOALS.

API SYSTEMS LINK AIRLINES AND GOVERNMENT BORDER SYSTEMS TO PROVIDE ADVANCE NOTICE TO BORDER AGENCIES OF WHO IS TRAVELLING PRIOR TO THE PERSON'S ARRIVAL. GENERALLY THIS ALLOWS FOR PRE-PROCESSING OF THE PERSON AGAINST RELEVANT WARNING LISTS AND OTHER DATABASES ALLOWING THE PERSON INVOLVED TO BE FACILITATED ON ARRIVAL OR BE TARGETED FOR FURTHER ATTENTION.

AUSTRALIA'S API SYSTEM, KNOWN AS ADVANCED PASSENGER PROCESSING (APP), MAKES INNOVATIVE USE OF EXISTING TELECOMMUNICATIONS INFRASTRUCTURE, AND GOES ONE STEP FURTHER. IT CAN PREVENT THE BOARDING OF PERSONS OF CONCERN AT TIME OF CHECK-IN, THEREBY EFFECTIVELY EXTENDING OUR BORDER TO THE PLACE OF EMBARKATION.

REGIONAL DEVELOPMENTS

TO DATE, FOUR OTHER COUNTRIES HAVE OR ARE IMPLEMENTING ADVANCE PASSENGER INFORMATION SYSTEMS INCLUDING THE US, CANADA, UK, AND NEW ZEALAND.

THE BMG IS ASSISTING ECONOMIES TO UNDERTAKE FEASIBILITY STUDIES TO ENABLE THEM TO ADOPT AN APP SYSTEM. A STUDY HAS BEEN COMPLETED FOR THAILAND AND MALAYSIA, AND STUDIES FOR INDONESIA AND THE PHILIIPPINES ARE NEARING COMPLETION. STUDIES ARE TO BE SCHEDULED FOR BRUNEI, CHINA, CHILE, KOREA, PNG AND PERU. JAPAN HAS ALSO INDICATED IT IS ACTIVELY EXAMINING APP.

CONSISTENT WITH THE BMG'S CAPACITY BUILDING STRATEGY, ECONOMIES ARE CONSIDERING PROPOSED API STANDARDS, WITH A VIEW TO RATIFICATION LATER THIS YEAR.

THERE ARE CLEAR ADVANTAGES FOR AIRLINES AND GOVERNMENTS DEVELOPING STANDARDISED SYSTEMS: IMPLEMENTATION COSTS ARE GREATLY REDUCED, COMPARED WITH DUPLICATION ACROSS MANY SYSTEMS AND TECHNOLOGIES; DEVELOPMENT TIME IS MINIMISED - NEW ECONOMIES CAN BE CONNECTED FASTER; AND STAFF TRAINING IS MINIMISED. FOR GOVERNMENTS, THERE ARE POTENTIAL DOWNSTREAM BENEFITS IN INFORMATION SHARING AND OTHER EFFICIENCIES.

I BELIEVE THAT THE APEC PROCESS, THROUGH ITS PATHFINDER AND CAPACITY BUILDING APPROACHES, IS THE ONLY FORUM WITHIN THE REGION CURRENTLY IN A POSITION TO SECURE THE BENEFITS OF WIDER APP/API IMPLEMENTATION. SUCH ADVANCED TECHNOLOGIES WILL DELIVER SIGNIFICANT BENEFITS AND BE THE BASIS FOR THE DEVELOPMENT OF OTHER ENHANCED SYSTEMS TO MANAGE CROSS BORDER MOVEMENTS.

SIMILARLY, APEC, THROUGH THE BMG, IS IN A STRONG POSITION TO IMPLEMENT OTHER COUNTER TERRORISM MEASURES RELEVANT TO PEOPLE MOVEMENTS.

THE DEVELOPMENT AND IMPLEMENTATION OF STANDARDS IN DOCUMENT SECURITY AND RELATED ISSUANCE SYSTEMS WILL ASSIST ECONOMIES DESIGN TRAVEL DOCUMENTS THAT ARE SECURE, UTILISE BIOMETRIC TECHNOLOGIES, AND BUILD CONFIDENCE IN DEVELOPING THE EFFICIENT MANAGEMENT OF REGIONAL BORDERS.

A WORKSHOP ATTENDED BY EXPERTS DRAWN FROM SEVERAL ECONOMIES WILL BE HELD IN JULY THIS YEAR TO DRAFT STANDARDS DESIGNED TO ENHANCE BOTH THE SECURITY AND ISSUANCE OF TRAVEL DOCUMENTS. THE PROPOSED STANDARDS WILL BE PUT TO THE BMG TO CONSIDER AND RATIFY. ONCE AGREED, EXPERT ADVICE AND ASSISTANCE WILL BE PROVIDED TO ASSIST ECONOMIES SELF ASSESS THEIR NEEDS AND TO DEVELOP THEIR IMPLEMENTATION PLAN.

IMPROVED PROFESSIONALISM AND INTEGRITY OF IMMIGRATION OFFICIALS IS ALSO IDENTIFIED AS A PRIORITY FOR CAPACITY BUILDING. THERE IS AN INCREASING AWARENESS AMONG ECONOMIES THAT PRIVATE SECTOR BUSINESS DECISIONS ON TRADE AND INVESTMENT OPPORTUNITIES MAY BE AFFECTED BY PERCEPTIONS OF CORRUPTION AND DISCRIMINATION. IN MAY 2002, THE BMG AGREED TO PROFESSIONAL SERVICE STANDARDS FOR IMMIGRATION ADMINISTRATIONS.

CONSISTENT WITH THE BMG'S CAPACITY BUILDING STRATEGY, A WORKSHOP WAS HELD LAST MONTH IN BANGKOK TO ASSIST ECONOMIES UNDERTAKE SELF ASSESSMENTS AGAINST THE STANDARDS. THE NEXT PHASE WILL INVOLVE THE PROVISION OF MENTORING ASSISTANCE TO ECONOMIES TO DEVELOP TAILORED IMPLEMENTATION PLANS.

IN ADDITION, THE BMG HAS FUNDING TO SUPPORT ECONOMIES' EFFORTS TO ENHANCE THEIR LEGAL INFRASTRUCTURE, TO ENABLE THEM TO BETTER ADDRESS INCREASING TRENDS ON TRANSNATIONAL CRIME, PEOPLE SMUGGLING AND TERRORISM. THE PROJECT WILL DEVELOP GUIDELINES OR BENCHMARKS ACROSS ALL ASPECTS OF IMMIGRATION LEGISLATION, TO PROVIDE A BASIS FOR ADDRESSING PERCEIVED GAPS IN LEGISLATION BY INDIVIDUAL ECONOMIES.

THIS YEAR, THE BMG WILL ALSO EXPLORE THE SCOPE FOR DEVELOPING REGIONAL STANDARDS FOR E-COMMERCE. THERE ARE SUBSTANTIAL BENEFITS TO BE GAINED BY BOTH BUSINESS AND GOVERNMENTS IN USING AVAILABLE TECHNOLOGIES TO MANAGE TEMPORARY ENTRY PROCESSING.

I WOULD LIKE TO CONCLUDE THIS PART OF MY PRESENTATION BY SIMPLY EMPHASISING THAT THE BMG'S RELATIVELY SUCCESSFUL APPROACH IN SECURING AGREEMENT FROM MEMBER ECONOMIES IN A NUMBER OF CRITICAL FACILITATION AREAS, HAS BEEN GREATLY ASSISTED BY ITS APPROACH TO USING MUTUALLY AGREED STANDARDS TO BUILD ECONOMIES' CAPACITY. APEC'S TRADE FACILITATION PRINCIPLES, AND PATHFINDER APPROACH ARE IMPORTANT UNDERPINNING ELEMENTS OF THE STRATEGY.

I AM CONFIDENT THAT THE BMG'S CAPACITY BUILDING STRATEGY, AIDED BY THE COMMON UNDERSTANDINGS WE HAVE ACHIEVED ON HOW TO COOPERATIVELY MEET OUR BUSINESS MOBILITY GOALS, WILL ASSIST APEC IN ACHIEVING ITS TRADE AND INVESTMENT FACILITATION GOALS.

AUSTRALIA'S APPROACH TO THE MOVEMENT OF NATURAL PERSONS

I WOULD NOW LIKE TO BRIEFLY COMMENT ON AUSTRALIA'S APPROACH TO THE MOVEMENT OF NATURAL PERSONS, IN PARTICULAR IN REGARD TO LONG STAY TEMPORARY RESIDENCE IN AUSTRALIA, WHICH IS THE FOCUS OF THE GATS MODE 4.

AUSTRALIA 'S BUSINESS TEMPORARY ENTRY ARRANGEMENTS ARE UNDERPINNED BY A NUMBER OF PRINCIPLES INCLUDING:

OUR SOVEREIGN RIGHT TO MANAGE THE MOVEMENT OF PEOPLE ACROSS OUR BORDERS IN AN ORDERLY, EFFICIENT
OUR IMMIGRATION INTAKE, BOTH PERMANENT AND TEMPORARY, MUST BE IN THE NATION'S ECONOMIC AND SOCIAL INTERESTS. IT MUST BE RESPONSIVE TO THE NEEDS OF OUR BUSINESS SECTOR AND THE WIDER COMMUNITY, AND CONTRIBUTE TO LONG-TERM ECONOMIC PROSPERITY AND SOCIAL COHESIVENESS
OUR APPROACH TO REGULATING IMMIGRATION, BOTH PERMANENT AND TEMPORARY FLOWS OF PEOPLE, MUST BE STRICTLY NON-DISCRIMINATORY, AS FAR AS MATTERS SUCH AS RACE, RELIGION, COLOUR OR ETHNICITY ARE CONCERNED.
LASTLY, LIKE OTHER ECONOMIES, WE MUST ENSURE OUR APPROACH TO PEOPLE MOVEMENT IS ONE OF BALANCE, BETWEEN FACILITATING AN INCREASING VOLUME OF LEGITIMATE AND ESSENTIAL PEOPLE MOVEMENTS, WHILE AT THE SAME TIME, PREVENTING THE ENTRY OF NON BONA FIDE PERSONS.

CURRENT ARRANGEMENTS

AUSTRALIA'S REGIME IS CONSIDERED TO BE AMONG THE MOST GENEROUS AND RESPONSIVE IN THE WORLD IN MEETING BUSINESS NEEDS, FOR BOTH EMPLOYERS AND EMPLOYEES.

OUR ARRANGEMENTS CATER FOR SERVICE PROVIDERS, AND CONSISTENT WITH MODE 4, THIS INCLUDES PERSONS SEEKING TO FULFILL A SERVICE CONTRACT WHO ARE SELF-EMPLOYED OR WHO ARE EMPLOYEES OF A FOREIGN COMPANY, INCLUDING EMPLOYEES ON INTRA-COMPANY TRANSFER. OVERSEAS COMPANIES ARE ABLE TO SPONSOR PERSONNEL TO ESTABLISH AN OPERATION IN AUSTRALIA AND OF COURSE AUSTRALIAN COMPANIES ARE ABLE TO SPONSOR SKILLED PERSONNEL AS NEEDED. THE SAME REGULATIONS APPLY TO BOTH FOREIGN AND AUSTRALIAN BASED SPONSORING COMPANIES.

BUSINESSES ARE ABLE TO SPONSOR SKILLED OVERSEAS STAFF TO WORK IN AUSTRALIA FOR UP TO FOUR YEARS IN NOMINATED POSITIONS. COMPANIES MUST FIRST BE APPROVED AS SPONSORS, BY DEMONSTRATING THAT:

EMPLOYING OVERSEAS STAFF WILL BRING BENEFIT TO AUSTRALIA, EITHER THROUGH THE EXPANSION OF TRADE IN GOODS OR SERVICES, IMPROVEMENT OF BUSINESS LINKS WITH INTERNATIONAL MARKETS, INCREASING COMPETITIVENESS IN THE AUSTRALIAN ECONOMY, OR CREATING EMPLOYMENT OPPORTUNITIES FOR AUSTRALIAN CITIZENS AND RESIDENTS;
THE BUSINESS IS ACTIVELY AND LAWFULLY OPERATING IN AUSTRALIA;
THE BUSINESS HAS A COMMITMENT TO TRAINING AUSTRALIAN STAFF; AND
THE BUSINESS WILL MEET ITS FINANCIAL COMMITMENTS TO THE EMPLOYEE, AND WILL MEET UNDERTAKINGS RELATING TO MONITORING OF THE SPONSORSHIP, AND COMPLY WITH IMMIGRATION LAW.

ONCE THE COMPANY IS APPROVED AS A SPONSOR, THEY CAN NOMINATE POSITIONS TO BE FILLED BY OVERSEAS EMPLOYEES.

THE POSITIONS MUST BE HIGHLY SKILLED - THAT IS, EITHER A PROFESSIONAL OR TRADE OCCUPATION; AND MUST BE PAID AT OR ABOVE A SPECIFIED SALARY LEVEL. THESE REQUIREMENTS ENSURE THAT THE EMPLOYEES BROUGHT FROM OVERSEAS ARE NOT TAKING LOWER-LEVEL EMPLOYMENT OPPORTUNITIES AWAY FROM AUSTRALIAN RESIDENTS.

THE SPONSORSHIP AND NOMINATION AND LABOUR AGREEMENT PROVISIONS ENSURE THAT BUSINESSES HAVE THE FLEXIBILITY TO RECRUIT STAFF FROM OVERSEAS WHERE REQUIRED TO FILL SPECIFIC SKILL SHORTAGES, WHILE ENSURING THAT EMPLOYMENT AND TRAINING OPPORTUNIES FOR AUSTRALIAN RESIDENTS ARE MAINTAINED.

THERE ARE ALSO MONITORING ARRANGEMENTS IN PLACE WHEREBY 100 PER CENT OF SPONSORS ARE REQUIRED TO COMPLETE A MONITORING QUESTIONNAIRE WITHIN 12 MONTHS OF SPONSORSHIP APPROVAL, AND UP TO 25 PER CENT WILL BE VISITED BY MONITORING OFFICERS OF THE IMMIGRATION DEPARTMENT TO ENSURE THAT THEY ARE COMPLYING WITH ALL THE UNDERTAKINGS MADE WITH THEIR SPONSORSHIP.

AUSTRALIA'S TEMPORARY BUSINESS ENTRY ARRANGEMENTS HAVE BEEN STREAMLINED TO ENSURE ENTRY PROCEDURES ARE EFFICIENT, EXPEDITIOUS AND TRANSPARENT. THIS IS ESSENTIAL TO REDUCE THE BARRIERS TO BUSINESS PEOPLE AND COMPANIES ASSOCIATED WITH DELAYS AND ENTRY COSTS.

STREAMLINING MEASURES INCLUDE:

DEVELOPMENT OF E-BUSINESS SOLUTIONS FOR PROCESSING APPLICATIONS FOR SHORT AND LONG TERM TEMPORARY BUSINESS ENTRY;
THE ABOLITION OF THE TEMPORARY ENTRY LABOUR MARKET TEST REQUIREMENT;
IMPLEMENTATION OF A SIMPLE REGIME INVOLVING A MINIMUM SALARY LEVEL (AVERAGE ANNUAL SALARY) AND MINIMUM SKILL THRESHOLDS;
INCREASED ASSISTANCE AND ACCESS TO COMPREHENSIVE INFORMATION ON REGULATIONS AND PROCEDURES RELEVANT TO ENTRY AND STAY. MEASURES INCLUDE THE ESTABLISHMENT OF BUSINESS CENTRES IN EACH REGION, THE DEVELOPMENT OF WEBSITES AND PRINTED INFORMATION PACKAGES, INCLUDING INDUSTRY-SPECIFIC INFORMATION;
SPECIAL PROCEDURES FOR SPEEDY PROCESSING OF ICT APPLICATIONS AND OTHER OCCUPATIONS IN DEMAND; AND
THE IMPLEMENTATION OF CLIENT SERVICE PROCESSING STANDARDS.

THERE IS NO QUOTA OR OTHER QUANTITATIVE LIMITS ON THE NUMBER OF TEMPORARY ENTRY WORK VISAS THAT CAN BE ISSUED IN ANY YEAR.

UNDER AUSTRALIA'S LAWS, A LONG STAY TEMPORARY BUSINESS ENTRY VISA IS A WORK PERMIT. APPLICANTS APPLY ONCE ONLY, EITHER AT ONE LOCATION OVERSEAS OR IN AUSTRALIA AND THE VISA GRANTED IS ALSO A PERMISSION TO WORK. THESE ARRANGEMENTS PROVIDE CERTAINTY TO THE APPLICANT OF ENTRY AND WORK IN AUSRALIA.

AUSTRALIA'S ENTRY AND STAY REQUIREMENTS AND PROCEDURES ARE CODIFIED IN LAW.

IN ADDITION, THE SPOUSES AND DEPENDENTS OF APPROVED LONG-STAY TEMPORARY BUSINESS ENTRANTS HAVE AUTOMATIC ACCESS TO FULL WORK RIGHTS, WITHOUT THE NEED FOR A SEPARATE APPLICATION.

AUSTRALIA ALSO HAS A COMPLAINTS MECHANISM IN PLACE AND FORMAL REVIEW PROCESSES FOR AUSTRALIAN BASED OPERATORS. THESE INCLUDE THE PROVISION OF STATEMENTS OF REASONS FOR THE REFUSAL OF APPLICATIONS.

OUR REVIEW PROCESSES PROVIDE FOR REVIEW BY A SEPARATE TRIBUNAL TO WHICH APPLICANTS CAN APPLY.

AUSTRALIA IS CONSTANTLY REVIEWING ITS PROGRAMS TO ACHIEVE GREATER SIMPLIFICATION, EFFICIENCY AND CLIENT SERVICE.

HOWEVER, THERE ARE CERTAIN NATIONAL INTERESTS THAT REMAIN PARAMOUNT IN REGULATING THE TEMPORARY MOVEMENT OF NATURAL PERSONS. THESE INCLUDE THE NEED TO SAFEGUARD LABOUR MARKET OPPORTUNITIES FOR AUSTRALIAN RESIDENTS; THE NEED TO MAINTAIN A SKILLED WORKFORCE; AND THE NEED TO ENSURE THAT ACCESS TO AUTSRALIA'S SOCIAL WELFARE SYSTEM IS RESTRICTED TO ELIGIBLE CITIZENS AND PERMANENT RESIDENTS.

ON 1 JULY 2001, AUSTRALIA ABOLISHED THE TEMPORARY ENTRY LABOUR MARKET TEST REQUIREMENT BECAUSE OF THE HIGH COSTS AND DELAYS INVOLVED FOR BOTH BUSINESS AND GOVERNMENT ADMINISTRATION.

HOWEVER, MAINTAINING DOMESTIC WAGE PARITY AND ENFORCING MINIMUM SKILL REQUIREMENTS REMAIN CRITICAL TO PREVENTING THE UNDERCUTTING OF EMPLOYMENT OPPORTUNITIES FOR AUSTRALIANS AND ANY DECLINE IN SKILL LEVELS.

THE MINIMUM SKILL LEVEL REQUIREMENT ALLOWS THE ENTRY OF MANAGERS AND ADMINISTRATORS; PROFESSIONALS; ASSOCIATE PROFESSIONALS; AND SKILLED TRADESPERSONS. THIS IS NOT CONSIDERED TO BE UNDULY RESTRICTIVE AND SERVES TO ACHIEVE GOVERNMENT GOALS OF ENSURING AN APPROPRIATELY SKILLED WORKFORCE.

GOVERNMENTS HAVE A RESPONSIBILITY TO REGULATE THEIR IMMIGRATION PROGRAMS TO GIVE PRIORITY TO THEIR CITIZENS AND RESIDENTS IN ADDRESSING UNEMPLOYMENT LEVELS. AUSTRALIA HAS AN UNEMPLOYMENT LEVEL OF 7% WHICH POSES SIGNIFICANT SOCIAL DIFFICULTIES.

THE NEED FOR REGULATION IN THESE AREAS IS PARTICULARLY IMPORTANT IN AUSTRALIA'S CASE, AS TEMPORARY MOVEMENTS HAVE A SUBSTANTIAL IMPACT ON AUSTRALIA'S ECONOMY. THIS IS NOT EXPECTED TO CHANGE IN THE FORESEEABLE FUTURE.

IN FACT, GIVEN INCREASING LEVELS OF MOVEMENTS IN A GLOBAL ECONOMY, TEMPORARY MOVEMENTS ARE EXPECTED TO GAIN IN IMPORTANCE IN THE YEARS AHEAD.

CONCLUSION

BOTH AUSTRALIA'S, AND APEC'S APPROACH, TO THE MOVEMENT OF BUSINESS PEOPLE RECOGNISE THE NEED TO ADDRESS INCREASING, HIGH VOLUME MOVEMENTS OF PEOPLE WHILE AT THE SAME TIME, ENSURING THE SECURITY OF BORDERS AND THE SAFETY OF TRAVELLERS. OUR EFFORTS TO STREAMLINE AND FACILITATE THE MOVEMENT OF PEOPLE, ARE UNDERPINNED BY THE NEED TO PRESERVE SOVEREIGNTY AND INDIVIDUAL ECONOMIC, SOCIAL AND POLITICAL CIRCUMSTANCES.

I FIRMLY BELIEVE THAT BY COOPERATING MULTILATERALLY, UTILISING THE INNOVATIVE STRATEGIES AND TECHNOLOGIES I HAVE OUTLINED TODAY, WE CAN MEET THESE CHALLENGES IN THE REGION AND CONTRIBUTE TO BOTH THE WTO AND APEC'S TRADE AND INVESTMENT FACILITATION GOALS.

THANK YOU

Back to Index

Presentation to Symposium on Movement of Natural Persons Tokyo, 19 March