COMMITTEE ON TRADE AND INVESTMENT

INFORMAL MEETING OF EXPERTS ON MOBILITY OF BUSINESS PEOPLE

KUANTAN, 7 SEPTEMBER 1998

Chair’s Summary Record of Meeting

Australia convened the sixth informal meeting of border management experts in Kuantan, Malaysia on 7 September. The meeting was attended by seventeen APEC and two observer economies and the APEC Secretariat. The meeting was chaired by Mr Ed Killesteyn, First Assistant Secretary, Migration and Temporary Entry Division, Australian Department of Immigration and Multicultural Affairs. Attached is a list of attendees.

The meeting agenda focussed on making progress on a number of matters that had received preliminary examination at previous meetings. The main agenda item was examination of a draft plan to streamline the processing of temporary business residency applications. The APEC Business Advisory Council (ABAC) has identified this as a high priority for 1998 and has proposed ambitious service standards.

Immigration Data Sharing

The chair noted that previous meetings had recognised the value of sharing immigration data, particularly in relation to document fraud, lost or stolen travel documents, and immigration malpractice but that this was a task best handled by more relevant fora. New Zealand reported that it had explored this issue on behalf of the experts’ group with a number of fora and that the PACRIM1 immigration intelligence conference was the most appropriate forum to conduct the task. The meeting agreed that New Zealand would brief the next PACRIM conference in January 1999 on this issue with the expectation that PACRIM would develop a mechanism for exchanging data between economies. New Zealand undertook to forward details of the next PACRIM meeting to members and the meeting urged those members not in PACRIM to consider joining.

Immigration Technical Assistance and Training

Following confirmation at the previous meeting that all economies would participate in technical cooperation groups to facilitate the provision of training and technical assistance, the meeting noted that all four groups had now become operational. The initial focus of all groups is on training to improve the detection of fraudulent travel documents.

Australia reported that the Australia/New Zealand led group was proposing a planning workshop in Australia in November to be followed by in-depth training by experts in each economy (Indonesia, Malaysia, Brunei, Thailand) in early 1999. Hong Kong China

1.The Pacific Rim Intelligence Group is composed of intelligence analysts from Pacific Rim nations who share a similar approach to controlling the problems of illegal migration.

advised that it had already conducted training for two groups of Chinese officials, had made some preliminary plans to train Vietnamese, and was establishing contact with Singapore to exchange views on best practice. The USA had commenced planning within its group (Chile, Peru, Mexico and the Philippines) and Canada/Japan are still at an early stage of development with Korea, Russia and Chinese Taipei. All four technical cooperation groups propose to schedule meetings around the next experts’ meeting in Wellington in February 1999.

Australia advised that the proposal prepared on behalf of the group to seek funding for the technical cooperation groups from the APEC Trade and Investment Liberalisation Fund (TILF) account had been approved. The meeting noted that funding for the initial training on document fraud detection should be available from May 1999. The APEC Secretariat undertook to forward information to each economy on administrative arrangements regarding expenditure of TILF funds.

Visa Streamlining

In view of the commitment of all economies in the Kuching Trade Ministers’ statement in June to streamline visa processes for short-term business entry, the chair asked each economy to report on initiatives. All economies indicated progress and there were a number of significant announcements of improvements including the following:

Australia will extend the Electronic Travel Authority to Hong Kong China and Chinese Taipei from July 1999. Brunei will grant a 14-day visa on arrival to Australian nationals entering through the Brunei International Airport, with effect from 7 September 1998. Indonesia proposes to offer multiple entry visas (MEVs) to business people from the People’s Republic of China and holders of the Hong Kong SAR passport, and will offer visa waiver facilities to short-term visitors holding a Hong Kong SAR passport in the near future. Korea will issue MEVs to travellers from China from November. Malaysia will offer MEVs to travellers from Chinese Taipei. Mexico currently offers MEVs and, in future, will issue an FM3 document to APEC Business Travel Card (ABTC) holders, once the different categories of business persons have been defined and approved, and subject to proof by applicants that they are actually involved in business activities and have no outstanding warrants. New Zealand will join the ABTC scheme from March 1999 on completion of the current trial and will extend visa waiver to Hong Kong China from 1 October. The USA will extend INSPASS access beyond nationals from visa waiver economies.

Temporary Residency of Business People

The chair noted that temporary business residency was a key issue for ABAC and the business community and that tangible progress needed to be made. ABAC’s 1997 report to leaders included recommendations for ambitious service standards. The underlying principles were improved processing times and greater certainty and predictability of outcome for business. The chair proposed that the paper prepared by the working group members -Australia, Canada, Malaysia, New Zealand, Philippines, Thailand and the USA – be used as the basis for further discussion and clarification of what could be achieved collectively and that once further developed, the paper could form the basis of a plan of action.

Members examined in some detail the key definitions, categories of business people and proposed service standards and there was considerable debate about each of these areas. Broad consensus was reached on the key definitions, particularly the need to keep them simple so that they would ‘fit’ with most economies’ legislative arrangements but not necessarily ‘mirror’ these. There was strong support to give priority to senior executives, managers and specialists, although initially this is only for those involved in intra company transfers. Intra company transferees are seen as the least controversial group for whom streamlined arrangements are potentially most achievable in the short term.

The meeting expressed support for the ABAC recommendation of processing temporary business residency applications within 30 days but it was suggested this be a goal towards which each economy would aim rather than a binding commitment. It was recognised that some applications would require further processing and not be finalised in this period.

The meeting asked the working group to make further revisions to the paper so that it could be considered in capitals as the basis for an implementation plan commencing in 1999. Members undertook to seek endorsement of the plan by December 1998 so that implementation of streamlined arrangements for intra company transferees may commence in mid 1999.

Consultations with business

Members noted that ABAC had declined an invitation to send a representative to this meeting due to the clash with the ABAC meeting in Chinese Taipei. However, it was agreed that members should consult more regularly with the business community in each economy and invite ABAC to be represented at some sessions of the next meeting.

Temporary Residency Handbook

The APEC Secretariat representative briefed the meeting on the proposed restructure of the APEC internet website and noted that it was proposed each working group would have its own homepage. He outlined the proposal for the business mobility homepage comprising the details of each economy’s requirements for short term business entry and temporary business residency. The Secretariat undertook to seek details from each economy of its temporary residence requirements so that it could produce a consolidated summary on the internet by late 1998.

Status of the Experts’ Group

Although this item was not on the agenda, a number of economies pressed again for the group to seek a formal mandate from the CTI. The chair noted that the review of APEC structures was still underway and that in the meantime the SOM chair would be unlikely to consider requests for formally establishing further subfora. Nevertheless, the chair invited members to pass their views on to their CTI and SOM representatives.

Next Meeting

It was agreed that the next meeting should be in Wellington, New Zealand in early February 1999 in association with the schedule for the CTI.