RESTRICTED
WORLD TRADE GATS/SC/83/Suppl.2/Rev.1*
4October 1995
ORGANIZATION
(95-2926)
Trade inServices
SWITZERLAND
Schedule ofSpecific Commitments
Supplement 2
Revision
(This isauthentic inEnglish andFrench only)
____________________
Thistextreplaces theentries relating totheMovement ofNatural Persons section contained
onpages 4to7ofdocument GATS/SC/83.
*English andSpanish onlySWITZERLAND -SCHEDULE OFSPECIFIC COMMITMENTS
Modes ofsupply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence ofnatural persons
Sector orsubsector Limitations onmarket access Limitations onnational treatment Additional commitments
I. HORIZONTAL COMMITMENTS
ALL SECTORS INCLUDED
INTHIS SCHEDULE(4) Unbound, except formeasures concerning
theentry andtemporary stayofnatural
persons (hereafter persons) falling within
thefollowing categories, asdefined in
paragraphs IandIIbelow, andsubject to
thefollowing limitations andconditions and
tothelimitations andconditions onnational
treatment setoutunder thenational
treatment column: Entry andstayof
foreign service suppliers inSwitzerland is
subject toauthorization (requirement of
residency permit andwork permit).
Authorization isgranted subject to
measures fixing overall numbers ofwork
permits allocated.(4) Unbound, except formeasures concerning
thecategories ofnatural persons referred to
inthemarket access column, subject tothe
following limitations andconditions:
Working conditions prevailing inthe
branch andtheplace ofactivity provided
bylawand/or collective agreement (with
respect toremuneration, working hours,
etc.), measures limiting professional and
geographical mobility within Switzerland,
regulations related tostatutory systems of
social security andpublic retirement plans
(with respect toqualifying period,
residency requirement, etc.), andallother
provisions ofthelegislation relating to
immigration, entry, stayandwork.
Foressential personnel asdefined in
paragraph Ibelow, theperiod ofstayis
limited toaperiod ofthree years, which
maybeextended toamaximum offour
years. Forother essential personnel as
defined inparagraph IIbelow, theperiod
ofstayislimited tothree months within
oneyear; ifanauthorization forsuch a
period ofstayisrenewed thefollowing
year, theapplicant must stayabroad atTheenterprise employing such persons
shall cooperate, upon request, withthe
authorities incharge oftheenforcement of
these measures. Eligibility forsubsidies,
taxincentives andtaxcredits maybe
limited topersons domiciled inaparticular
geographical subdivision ofSwitzerland.
GATS/SC/83/Suppl.2/Rev.1
Page1SWITZERLAND (continued)GATS/SC/83/Suppl.2/Rev.1
Page2
Modes ofsupply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence ofnatural persons
Sector orsubsector Limitations onmarket access Limitations onnational treatment Additional commitments
least twomonths between thetwo
consecutive periods ofstayinSwitzerland.
Persons staying inorentering Switzerland
withanopen-ended orprolongable
residence permit based onanemployment
contract notlimited intime forSwitzerland
arenotconsidered aspersons residing inor
entering Switzerland forthepurpose of
temporary stayortemporary employment
inSwitzerland.
I. Essential persons transferred toSwitzerland
within aspecific business orcompany
(intra-corporate transferees)
Areconsidered asessential those persons -
defined indetail below -whoare
employees ofabusiness orcompany
(hereafter enterprise) providing services in
Switzerland through abranch, subsidiary or
affiliate established inSwitzerland andwho
have been beforehand employees oftheir
enterprise outside Switzerland foraperiod
ofnotlessthanoneyearimmediately
preceding their application foradmission:SWITZERLAND (continued)
Modes ofsupply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence ofnatural persons
Sector orsubsector Limitations onmarket access Limitations onnational treatment Additional commitments
(a) Executives andsenior managers: persons
whoprimarily direct theenterprise orone
ofitsdepartments andwhoreceive only
general supervision ordirection from
high-level executives, theboard of
directors orthestockholders ofthe
enterprise. Executives andsenior
managers would notdirectly perform tasks
related totheactual provision ofservices
oftheenterprise.
(b) Specialists: highly qualified persons who,
within anenterprise, areessential forthe
provision ofaspecific service byreason of
their knowledge atanadvanced level of
expertise inthefield ofservices, research
equipment, techniques ormanagement of
theenterprise.
II. Other essential persons moving to
Switzerland
(a) Services sellers: Persons employed or
mandated byanenterprise andwhostay
temporarily inSwitzerland inorder to
conclude thecontract forthesaleofa
service onbehalf oftheenterprise which
employs them orhasmandated them.
Services sellers maynotsellservices
directly tothegeneral public orsupply
services themselves.
GATS/SC/83/Suppl.2/Rev.1
Page3SWITZERLAND (continued)GATS/SC/83/Suppl.2/Rev.1
Page4
Modes ofsupply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence ofnatural persons
Sector orsubsector Limitations onmarket access Limitations onnational treatment Additional commitments
(b) Persons responsible forthesetting upofa
commercial presence: Persons whoare
employees ofanenterprise nothaving
commercial presence inSwitzerland and
whohave been beforehand employees of
thatenterprise outside Switzerland fora
time period notlessthanoneyear
immediately preceding their application for
admission, andwhofulfil theconditions of
paragraph I(a)above, andwhoareentering
Switzerland forthepurpose ofsetting upa
commercial presence ofthat
enterprise inSwitzerland. Persons
responsible forthesetting-up ofa
commercial presence maynotengage in
making direct sales tothegeneral public or
supply services themselves.
(c) Persons whoareemployees ofan
enterprise outside Switzerland nothaving
commercial presence inSwitzerland (other
thanenterprises providing services as
defined byCPC 872), which hasconcluded
aservices contract withanenterprise
engaged insubstantive business in
Switzerland, andwhohave been
beforehand employees oftheenterprise
outside Switzerland foratime period ofnot
lessthanoneyearimmediately preceding
their application foradmission,SWITZERLAND (continued)
Modes ofsupply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence ofnatural persons
Sector orsubsector Limitations onmarket access Limitations onnational treatment Additional commitments
andwhofulfil theconditions of
paragraph I(b)above andwhoprovide a
service inSwitzerland asaprofessional of
aservice sector assetoutbelow onbehalf
oftheenterprise outside Switzerland; asa
further requirement fiveyears ofrelated
experience isrequired. Percontract,
temporary entry foralimited number of
service suppliers willbegranted fora
single period ofthree months,
thenumber ofservice suppliers depending
onthesizeofthetasktobeperformed
under thecontract. Individual services
providers notemployed bysuch enterprise
outside Switzerland areconsidered as
persons seeking access totheSwiss
employment market.
Services sectors:
-Engineering Services (CPC 8672);
-Consultancy Services related tothe
installation ofcomputer hardware
(CPC 841);
-Software Implementation Services
(CPC 842).
GATS/SC/83/Suppl.2/Rev.1
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