Forum-Workshop on JPEPA and

GATS Mode 4: What’s in it for the Migrants?

June 6, 2007, University Hotel, University of the Philippine

JPEPA’s Chapter 9:
Movement of Natural
Persons

Rep. Mario “Mayong” Joyo Aguja

 Background
2002 Jan. – PM Koizumi proposed the “Initiative for
Japan-ASEAN Comprehensive Economic
Partnership”
2002 May – PGMA proposed to set up Working
Group to study possibility of EPA
2002 Aug. – informal discussion of modalities for
proceeding with bilateral consultations
2003 May – PGMA issued EO 312 creating the Phil.
Coordinating Committee to negotiate a proposed
JPEPA
2003 Oct. – Framework for ASEAN-Japan
Comprehensive Economic Partnership was
signed
2004 Feb. – formal negotiations commenced
2006 Sept – JPEPA was signed in Helsinki
 Clash of interests?
PHILIPPINES JAPAN
z Market access for z Market access for industrial goods,
particularly steel, auto and auto
agricultural goods parts, and electronics/electrical
(Trade in Goods) products (Trade in Goods)
z Significant increase in z RP acceptance of Japan’s
sensitivities in rice and leather
Foreign Direct (Trade in Goods)
Investment z Unrestricted Foreign Direct
z Market access for Investment through MFN or
national treatment for its
nurses and caregivers, investments (Investments)
IT professionals among z Transparency and predictability in
others (Movement of rules on trade and investments
through standstill obligations
Natural Persons) (Investments, Trade in Services)
z Enhanced bilateral z Improvement of Business
economic cooperation Environment through the timely
and effective resolution of issues
through technical affecting Japanese enterprises
assistance (Business Environment)
(Cooperation)
 Objectives of JPEPA

z Liberalize and facilitate trade in goods

and services between the Parties;
z Facilitate the mutual recognition of the results of conformity assessment procedures for
products and processes;
z Increase investment opportunities and strengthen protection for investments and
investment activities in the Parties;
z Enhance protection of intellectual property and strengthen cooperation in the field thereof
to promote trade and investment between the Parties;
z Promote transparency in government procurement in the Parties;
z Promote competition by addressing anti-competitive activities and cooperate in the field of
competition;
z Establish a framework for further bilateral cooperation and improvement of business
environment;
z Promote transparency in the implementation of laws and regulations respecting matters
covered by this agreement; and
z Create effective procedures for the implementation and operation of this agreement and for
the resolution of disputes.
No. Documents Pages

1 JPEPA Text (Art. 108-116) 107

2 JPEPA Implementing Agreement (Art. 8-11) 29

3.1 Annex 1: Tariff Schedules – Part 1: General Notes 3

3.2 Annex 1: Tariff Scheduels – Part 2: Notes for Schedule of Japan 16

3.3 Annex 1: Tariff Schedules – Part 3: Notes for Schedule of Philippines 7

3.4 Annex 1: Tariff Schedules (Agricultural and Industrial) 140

3.5 Annex 1: Philippine Tariff Schedules (Agriculture) 34

3.6 Annex 1: Philippine Tariff Schedules (Industrial) 200

4 Annex 2: Product Specific Rules 108

5 Annex 3: Minimum Data Requirement for Certificate of Origin 1

6 Annex 4: Sectoral Annex in Relation to Article 61 5

7 Annex 5: Financial Services 5

8.1 Annex 6: Schedules of Specific Commitments and List of Most-Favored Nations Exemptions (Japan) 61

8.2 Annex 6: Schedules of Specific Commitments and List of Most-Favored Nation Exemptions (Philippines 117

9.1 Annex 7: Reservations for Future and Existing measures (Japan) 52

9.2 Annex 7: Reservations for Future and Existing Measures (Philippines 31

10 Annex 8: Specific Commitments for the Movement of Natural 12
Persons (Part 1: Sec. 1-6, Appendices 1-2; Part 2: Sec. 1-6)
Nature Length of stay allowed
1. Short-term visitors 90 days, may be extended
(without acquiring
renumeration)
2. Intra-corporate transferes 1 or 3 years, may be
extended
3. Investors 1 or 3 years, may be
extended
4. Natural persons of the Phils. who Engage in 1 or 3 years, may be
Professional Services: extended
•Legal services supplied by a LAWYER qualified as 1 or 3 years, may be
“Bengoshi” under Japanese law extended
•Consultancy on law of jurisdiction where the service 1 or 3 years, may be
supplier is a qualified LAWYER on condition that the extended
service supplier is qualified “Gaikoku-Ho-Jimu-
Bengoshi” under Japanese law
•Legal services supplied by a patent attorney 1 or 3 years, may be
qualified as “Benrishi” under Japanese law extended
•Accounting, auditing and bookkeeping services 1 or 3 years, may be
supplied by an accountant qualified as extended
“Koninkaikeishi” under Japanese law
•Taxation services supplied by a tx accountant 1 or 3 years, may be
qualified as “Zeirishi” under Japanese law extended
5. Natural Persons of the Philippines who 1 or 3 years, may
Engage in Supplying services, which require be extended
technology or knowledge as an advanced
level of which require specialized skills
belonging to the particular fields of industry,
on the basis of a contract with Public or
Private organization in Japan.
(physical sciences, engineering or other
natural sciences under the status of
residence of “engineer”;
human science, including jurisprudence,
economics, business management and
accounting, or which require ideas and
sensitivity based on culture of a country
other than Japan, under the status of
residence of “Specialist in
Humanities/International Services”.
 6. Natural persons of the Phils. who engage
in supplying services as Nurses or Certified
Careworkers or Related activities, on the
Basis of contract with Public or Private
Organizations in Japan, or on the Basis of
admission to Public or Private training
facilities in Japan

(a) for the purposes of (i) pursuing the course of

obtaining a qualification as a
nurse under Japanese law
(hereinafter referred to in this
Section as “Kangoshi”
training including Japanese
language training, referred to in
the Implementing Agreement,
for six (6)months; and
(ii) after completion of the said
training, acquiring necessary
knowledge and skills at the
hospital mentioned below
through the training under the
supervision of “Kangoshi”
(b) for the purposes of
obtaining a qualification as
a certified careworker under
Japanese law (hereinafter
referred to in this Section as
“Kaigofukushishi”);
(i) pursuing the course of
training including Japanese
language training, referred
to in
the Implementing
Agreement, for six (6)
months; and
(ii) after completion of the
said training, acquiring
necessary knowledge and
skills at
the caregiving facility
mentioned below through
the training under the
supervision
of “Kaigofukushishi”,
 For Nurse or “Kangoshi”
z 1. For the purposes of Note:
subparagraph 1(a) of
Section 6, a “natural For the purposes of this
person of the paragraph, a “qualified
nurse under Philippine laws
Philippines” shall be a and regulations” means a
natural person of the nurse who passed the
Philippines who is a Philippine Licensure
qualified nurse under Examination for Nurses
under Philippine laws and
Philippine laws and regulations.
regulations with work
experience as a nurse
for at least three (3)
years;
 Careworker or“Kaigofukushishi”
2. For the purposes of Note:
subparagraph 1(b) of Section
6, a “natural person of the For the purposes of this
Philippines” shall be a natural paragraph, a “nursing
person of the Philippines who school” means a higher
graduated with bachelor’s education institution
degree from a higher authorized by the Philippine
education institution from Government to operate a
which the minimum period Bachelor of Science
required for graduation is four
(4) years and certified as a in Nursing program.
caregiver by the Government
of the Philippines in
accordance with the laws and
regulations of the Philippines,
or a natural person of the
Philippines who graduated
from a nursing school; and
 Japanese Nurse Board Exam (Kangoshi Kokka Shiken)

Year No. of
No. of Board Passers Percentage
Examinees
2007 50,766 46,000 90.6
2006 48,914 43,211 88.3
2005 48,299 44,137 91.4
2004 49,204 44,874 91.2
2003 53,680 49,714 92.6
2002 53,187 44,820 84.3
2001 48,332 40,625 84.1
200 48,568 46,817 96.4
1999 55,404 53,821 97.1
1998 53,052 44,364 83.6
1997 49,774 43,317 87.0
1996 45,600 40,927 89.8
1995 42,532 40,822 96.0
1994 40,445 40,004 98.9
1993 38,112 37,809 99.2
 Caregivers Exam
(Kaigo Fukushishi Kokka Shiken)

z 2002 41.4%
z 2003 48.0%
z 2004 49.3%
z 2005 42.6%
z 2006 46.8%
 How much a female care worker in Japan could earn a month?

Occupation Employees Average age Average Ave.

(1,000) length of monthly
service cash
(Years) earnings
(Yen)
Professional 403 35.8 6.7 315,000
nurse
Auxiliary nurse 234 42.7 9.6 279,000
Nursing aid 158 42.8 5.9 193,000
Physical 27 29.7 4.1 277,000
therapist
Care Manager 28 45.7 8.1 269,000
Nursing Care 220 36.1 5.8 214
Worker

Data based on the Basic Survey on Wage by the Department of Health and Labor, Japan, 2004
“Our struggle, their future…”