Trade Costs of Visas and Work Permits - A Trade Facilitation Perspective on Movement of Persons
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Kommerskollegium 2015:5 Trade Costs of Visas and Work Permits A Trade Facilitation Perspective on Movement of Persons
The National Board of Trade is a Swedish government awareness of the role of international trade in a well functioning agency responsible for issues relating to foreign trade, the EU economy and for economic development. Publications issued by Internal Market and to trade policy. Our mission is to promote the National Board of Trade only reflects the views of the Board. open and free trade with transparent rules. The basis for this task, given to us by the Government, is that a smoothly function- The National Board of Trade also provides service to compa- ing international trade and a further liberalised trade policy are in nies, for instance through our SOLVIT Centre which assists the interest of Sweden. To this end we strive for an efficient companies as well as people encountering trade barriers on Internal Market, a liberalised common trade policy in the EU and the Internal Market. The Board also hosts The Swedish Trade an open and strong multilateral trading system, especially within Procedures Council, SWEPRO. the World Trade Organization (WTO). In addition, as an expert agency in trade policy issues, the Na- As the expert agency in trade and trade policy, the Board pro- tional Board of Trade provides assistance to developing coun- vides the Government with analyses and background material, tries, through trade-related development cooperation. The Board related to ongoing international trade negotiations as well as also hosts Open Trade Gate Sweden, a one-stop information more structural or long-term analyses of trade related issues. As centre assisting exporters from developing countries with infor- part of our mission, we also publish material intended to increase mation on rules and requirements in Sweden and the EU. www.kommers.se National Board of Trade, March 2015 – First Edition. ISBN: 978-91-86575-96-0
Foreword The concept of trade facilitation has been useful in the examination and reduction of trade costs of goods. However, in the modern trading economy, information, knowledge and persons are equally important inputs for production as goods and services are. The key role of movement of persons across borders for competitive production and trade has been shown in several previous reports from the National Board of Trade. In this report, we look more closely at border procedures that regulate movement of persons, and how these procedures create transaction costs and reduce trade. Essentially, therefore, this report outlines the case for “flow facilitation” for persons as a complement to trade facilitation for goods. The report was written by Emilie Anér. We gratefully acknowledge the input provided by company representatives on the topic. Stockholm, March 2015 Anna Stellinger Director General National Board of Trade 1
Summary Movement of persons across borders is integral to the new trading landscape of specialised and internationalised production. High costs or lengthy procedures for such movement can therefore restrict trade. The importance of procedures has been well recognised when it comes to trade in goods, where the trade facilitation agenda reduces border bottlenecks through harmonisation, simplification and transparency. This report applies a trade facilitation perspective to entry procedures for persons, specifically visas and work permits. With trade taking place in global value chains, fusing goods and servic- es, the report argues that trade facilitation for goods needs to be complemented with “flow facilitation” – efforts to reduce the trade costs of cross-border movement of persons. Based on company interviews and empirical studies, the report finds that entry procedures for persons may have substantial effects on companies in the form of increased costs, delayed projects or deliveries, inefficient operations, and sometimes lost contracts or opportunities. For example, it is estimated that a “typical” application for a work permit in Sweden amounts to around 1,000 euros. For a visa, costs may range from 50 to 2,000 euros or more. Processing times can vary from just a few days up to several months. For the applicant, travel to interviews and preparation of documents add to their waiting time. Applications may also be refused, which adds to the uncertainty and exacerbates other costs. It is therefore not surprising that empirical studies of the EU (Schengen) and the USA indicate that bilateral trade responds significantly to changes in visa regimes. This report furthermore argues that some types of trade are more sensitive to costly or unpredictable entry procedures for persons than others, namely: • Trade in global value chains, since it relies on expertise from many countries. • Trade with non-traditional markets, since entry procedures often are more complex between non-traditional trading partners. • Production depending on scarce or highly specialised skills, since such skills more often need to cross borders. • Trade in services, whether by service or manufacturing companies, since services are often delivered by persons. • Trade by small companies and new market entrants, since they have relatively less capacity to handle complex procedures than large or incumbent firms. 2
Sammanfattning på svenska Dagens handel bygger på specialiserad och internationaliserad produktion. Den kräver att inte bara varor, tjänster och kapital kan röra sig över gränser, utan även personer. Kostnader och krångel för personrörlighet kan därmed bli handelshindrande. Denna rapport är inspirerad av det arbete som görs nationellt och internationellt för att förenkla handelsprocedurer för varor. Rapporten menar att de grundläggande principerna i detta arbete – harmonisering, förenkling och transparens – kan användas för att förenkla gränsbyråkrati även för personer, och att detta skulle stärka företagens möjligheter att handla i en värld av globala värdekedjor där varor och tjänster integreras allt mer. Rapporten visar att procedurerna för att få visum och arbetstillstånd kan leda till effektivitets- förluster i handlande företag, att deras projekt och leveranser försenas och ibland även att de förlorar kunder eller kontrakt. Kostnaderna för en ”typisk” arbetstillståndsansökan i Sverige uppskattas till omkring 10,000 kronor medan kostnaderna för ett Schengenvisum kan variera från 500 kronor till över 20,000 kronor. Handläggningstiderna kan variera mellan ett par dagar upp till flera månader. Till detta ska läggas tid för att anskaffa nödvändiga dokument och eventuella ansökningsintervjuer. Från den sökandes sida upplevs processen ofta som oförutsägbar. Det är därför inte överraskande att empiriska studier av EU (Schengen) och USA visar att handel påverkas av förändringar i visumregler. Denna rapport visar dessutom att vissa typer av handel är mer känsliga än andra för dyra eller oförutsägbara gränsprocedurer för personer, nämligen • Handel i globala värdekedjor, eftersom den förlitar sig på kompetens från många länder. • Handel med andra länder än de traditionella (EES och USA i Sveriges fall), eftersom gränsbyråkratin ofta är mer omfattande mellan icke-traditionella handelspartners. • Tillverkning som är beroende av specialiserade eller ovanliga kunskaper, eftersom personer som besitter sådana kunskaper oftare behöver korsa gränser. • Handel med tjänster, i såväl tjänste- som tillverkningsföretag, eftersom tjänster ofta levereras av personer. • Handel i företag som är små eller nya på marknaden, eftersom dessa ofta har mindre kapacitet, relativt sett, att hantera komplicerade procedurer än stora eller redan etablerade företag. 3
Index Foreword............................................................................................................................................................. 1 Summary............................................................................................................................................................. 2 Sammanfattning på svenska............................................................................................................................. 3 1. Introduction.................................................................................................................................................. 6 1.1 Purpose, outline and method.......................................................................................................................................... 6 1.2 About work permits and visas.......................................................................................................................................... 7 2. Costs of entry procedures........................................................................................................................... 8 2.1 Costs of a work permit........................................................................................................................................................ 8 2.2 Costs of a visa......................................................................................................................................................................... 9 2.3 Uncertainty when................................................................................................................................................................... 11 2.4 Uncertainty if.......................................................................................................................................................................... 12 3. The effects on companies........................................................................................................................... 13 3.1 Delayed projects or delivery............................................................................................................................................. 13 3.2 Inefficient business operations........................................................................................................................................ 13 3.3 Contracts lost.......................................................................................................................................................................... 14 4. The impact on trade..................................................................................................................................... 15 4.1 General impact – visas restrict trade............................................................................................................................. 15 4.2 Disadvantaging trade in high-value products........................................................................................................... 15 4.3 Disadvantaging production in global value chains................................................................................................. 16 4.4 Favouring incumbents........................................................................................................................................................ 17 5. Concluding discussion................................................................................................................................. 18 6. Annex............................................................................................................................................................. 19 6.1 Interviews................................................................................................................................................................................ 19 6.2 Explanatory notes................................................................................................................................................................. 19 7. Literature...................................................................................................................................................... 20 Notes ................................................................................................................................................................. 22 5
1. Introduction Movement of persons across borders is an integral 1.1 Purpose, outline and method part of many modern business models. In previous studies, the National Board of Trade has found that This report examines to what extent entry proce- such movement is often crucial for companies’ dures relating to visas and work permits generate ability to trade, invest, access needed skills and trade costs. It further describes how the costs affect take part in global value chains.1 companies and trade. Trade in the 21st century can be characterised as We use entry procedures to Sweden as our case a multitude of “tasks” that combine into long value and focus on how they create red tape, not on chains. The chains may include inputs of goods and whether they constitute market access restrictions. services from all over the world and just-in-time Figure 1 illustrates this purpose as well as the delivery is often a key feature.2 Final products cross outline of the report.5 borders many times before reaching the consumer. Figure 1 shows that when companies follow the This implies that trade facilitation – reducing procedures to apply for work permits and visas, costs border transaction costs – is of great importance. are generated. These costs can be expressed in This has been recognised both academically3 and money, time and uncertainty, and are described in politically4. chapter 2 of the report. For procedures affecting Trade facilitation means harmonising regula- goods, the OECD calculates that these “direct” tions, simplifying procedures, standardising transaction costs can amount to 2-15% of the value requirements, and improving transparency. Cutting of a traded product.6 “red tape” in this way may generate larger gains The costs have a number of effects on companies than new market access (liberalisation) since com- – delayed projects, inefficiencies and lost contracts. plex procedures generate dead weight costs that We describe these effects in chapter 3.7 benefit no one. Finally, we discuss, in chapter 4, the longer-term However, almost all trade facilitation efforts impact of entry procedures on trade – including have focused on transaction costs affecting goods. how it varies depending on the type of trade at This report adopts a trade facilitation perspective stake. on the procedures that govern entry into a country The report builds on a literature review and of persons (hereafter “entry procedures”). Complex interviews with a number of large and small com- and lengthy entry procedures for persons could be panies based in Sweden (see chapter 6.1). They rep- trade-restricting for companies that need to move resent both manufacturing and services industries. persons across borders. The cost analysis for work permits builds on infor- Figure 1. How entry procedures create costs, affect companies and impact trade Procedures Costs Effects Impact • Work permits • Money • Delays • Reduced trade... • Visas • Time • Inefficiency • ...especially for • Uncertainty • Lost contracts high-value trade and for non- incumbents 6
mation provided by companies. For the visa cost 1.2 About work permits and visas analysis we rely mainly on data collected by the European Commission in a recent evaluation Work permits and visas are measures used to regu- of the Schengen visa regulations. In both cases, late inflows of persons from abroad into a country.9 we focus on first-time applications. Table 1 provides an overview of how the measures The cost estimate is inspired by the widely are used in Sweden. applied Standard Cost Model. This entails a) break- Both types of permit are relevant as entry proce- ing down a regulation into manageable compo- dures in Sweden for trade-related purposes. Some nents and b) measuring the amount of time and arriving persons only need one permit, some need money spent by those regulated on complying with both and some neither – see table 2. All depends on each component.8 the person’s country of origin and purpose of stay. Table 1. Visas vs work permits in Sweden Table 2. Who needs which permit and for what? Visas Work permits For whom Examples of purpose Function Regulate entry to (and Regulate entry to exit from) the territory national labour market Both Person from a - certain short-term visa-requirement intra-corporate Required for Foreigners from all Foreigners from all country who will work transfer13 non-EU countries, non-EU countries who for less than three - provision of a except those enjoying are going to work in months in Sweden service e.g. visa free travel to the Sweden for reasons of consultancy Schengen area employment here or in another country (with Only work Person who will work - long-term some exceptions10) permit for longer than three intra-corporate months (whether they transfer Main 1. EU Visa Code11 for Swedish Aliens Act12 come from a - labour migration regulation Schengen visas visa-requirement (0-3 months in any country or not) 6 month period) 2. Swedish Aliens Act Only visa Person from a - participation in a Policy 1. Ensure security and Allow foreigners to visa-requirement conference objective control of inflows fill labour market country who will not 2. Instrument for the demands under perform work EU common foreign working conditions policy similar to already resident workers Neither Person from a - participation in a visa-free country who training programme Main handling Consulates Migration Board will not perform work agency 7
2. Costs of entry procedures 2.1 Costs of a work permit lodge applications on behalf of other employers. Most companies that were interviewed for this The Swedish work permit system is demand- report use the services of such certified companies, driven.14 Employers apply for the permits and may and the practice is growing.16 recruit employees of any nationality as long as Table 3 shows a “typical” case of costs for a first- they nominally advertise the job beforehand and time work permit application in Sweden, where the guarantee similar wage and conditions as in pre- applicant firm uses services of a certified external vailing collective contracts.15 company. The Migration Board may certify employers. Based on our interviews, a typical work permit The certified companies undertake to submit com- application in Sweden thus amounts to around plete online applications, and the Migration Board 1000 euros. The application process is generally undertakes to process them within certain time- considered to be fairly straight-forward and inex- frames. This fast-track system is attractive since pensive and this has also been expressed in other ordinary waiting times have at times been long (see studies of the system.21 Some documents required chapter 2.3). Companies may also be certified to for the application, such as written contracts and adequate insurance, might have been produced Table 3. ”Typical” costs for a first-time work permit anyway and should perhaps, to some extent, not be counted as entry procedure costs at all. Requirements in the Cost for Comment application process employer However, some employers, especially smaller Total time required for 6 hours companies, do not find the system quite so easy administering the application, to navigate as the larger ones. Also, even though including the certified company deals with some of the - Advertising the position Not necessary for administration, such as filling out online forms, the intra-corporate employer must produce all documents and keep in transferees who are employed abroad contact with the external company and any rele- vant trade union. Several of the interviewed com- - Specifying the offer Can take time to find of employment (for solutions for e.g. panies devoted considerable in-house resources to the purpose of the insurance that are managing their work permit applications. Simply application) acceptable to all parties keeping track of and understanding all applicable - Obtaining statement Not obligatory, but if not regulations is time-consuming. of opinion from included the application is relevant trade union not considered to be It is not uncommon that regulation and proce- on the terms of the complete and will take dures fuel the use of bought-in business services employment longer to process in companies. On the one hand, the certification - Filling out application and More stringent service comes with a cost that must be borne by attaching all documents17 requirements apply in employers taking advantage of the fast-track system. certain industries18 On the other hand, the tasks performed by the certi- Fee of certified company € 400 Not obligatory but if not fied company would otherwise have had to be per- used internal costs and waiting time rise instead. formed in-house, with resulting internal costs. The Fees seem to vary creation of this new business services market might between €200 and 1300, with around €400 euro make the work permit system more effective by being quoted as typical19 improving the quality and efficiency of applications. Work permit fee € 200 When it comes to trade in goods, it is common Obtain residence permit 4 hours Only needed for stays to outsource handling of border procedures to card – visit Migration Board above 3 months. logistics companies. This can create more efficient to take picture and biometrics Visit not necessary if markets. In fact, the World Bank observes that a key biometrics were taken during visa application. feature of “logistics friendly” countries is that com- Notify tax agency20 0.5 hours panies are able to outsource their logistics. The main gain is that this allows them to focus on their Total cost 10.5 hours at € 38/hour = € 399 Fees: € 600 core business while also managing very complex Total: € 999 supply chains.23 The same logic might apply to a See chapter 6.2 for explanations of the salary figure. certification system for persons. 8
Special study Benefits and costs of the certification system for work permits The certification system was originally open only to employers with at least 50 work permit applications per year, both new applications and extension applications. This was later changed to 25 applications per year. Both thresholds were too high for small companies. When it became possible for certain certified companies to submit applications on behalf of other employers, a new segment of business- to-business services opened up in Sweden. More than 500 employers, including small ones, used the services of certified companies in 2013. Among the certified companies are the major auditing firms (Deloitte, PwC, Ernst & Young and KPMG), a few law firms, a few chambers of commerce, and several relocation companies such as Alfa Relocation, Fragomen and Human Entrance. The certified companies’ services can be bought separately or as part of a package deal. Relocation companies tend to have lower fees and solicitors’ offices higher fees. Higher fees may mean more quality and legal scrutiny of the application. The main benefit is the fast-track, but it might also be valuable to the employer to outsource communications with the authorities. These services represent a small share of total business for the certified companies, but the volume grows quickly, as mobility is becoming more important for many employers, and they cannot accept to wait for weeks or months for permits. In fact, several certified companies use these services to find new clients. Having supported the clients in obtaining a work permit quickly, it is easy to convince clients to outsource handling of tax, insurance, pensions and other difficulties involved with moving persons across borders to the same service provider.22 2.2 Costs of a visa Table 4. Variation in costs for obtaining a first-time Schengen visa The “Schengen Area” has a common visa policy for Minimum “Average” Expensive Case study: visits shorter than three months in any 180-day scenario scenario scenario a Liberian visitor to period. The area covers 22 EU member states, in- Sweden cluding Sweden, and four non-EU states.24 Citizens Fee 35 43 60 60 of about 130 countries – covering most of Asia, Travelling costs 0 100 750 1,213 Africa and Latin America – need a visa before Documents 5 12 24 200 arrival, while citizens of OECD countries and some other countries do not.25 Other costs 10 38 55 11 The European Court of Justice has declared that Salary costs (not (not (not (20h x included) included) included) €30=600) Schengen visas can be viewed as a trade restriction Sum (€) 50 193 889 1,484 due to the “additional and recurrent administrative and financial burdens involved in obtaining such a (2,084 when salary costs permit which is valid for a limited time”.26 It is quite are included) difficult to estimate how costly this financial bur- See chapter 6.2 for explanations of the figures. den is.27 Table 4 provides estimates for three scena- rios which are based on figures from the European Commission, and one real-life case study.28 Except in the minimum scenario, fees represent they live; others have to travel to their capital, or a small share of total costs. There is considerable even to another country to lodge their application. variation between scenarios; application costs may The three scenarios do not include salary costs range, at least, from 50 to more than 1,400 euros for administering the application. However, trade- per person. Travelling costs is one reason. Some related visa seekers will probably handle their applicants can visit the consulate in the city where application during working hours.29 9
The case in the right column of Table 4 is one In some ways it is more difficult to apply from example of total application costs in real life and Liberia than from most other countries, but the this case measures salary costs. The example stems need to travel to apply is not unique for the case.30 from a recent experience at the Swedish National As shown in Table 4, “Other costs” are on the other Board of Trade. Eight Liberian colleagues were hand comparatively low, e.g. because the list of invited in the course of a joint trade policy project documents could be kept to a minimum and appli- to the NBT in Sweden for a week in 2014. Schengen cations could be lodged directly with the consulate, visas could only be applied for at the Swedish instead of with an external service provider. embassy in Nigeria, 2,000 km away. Hence, each Just like in the case of work permits, Schengen applicant had to spend one week “on the road”, in governments increasingly outsource some tasks in order to have one working week in Sweden. Salary the handling of visa applications to companies, for costs represent the time spent by the Swedish team example admission of applications. The companies on arranging the appointment at the embassy, are called external service providers, ESPs. They arranging travel to and from Nigeria, producing might provide for better service than consulates, supporting documents, filling out the application such as longer opening hours, which might reduce form and communicating with the consulate. applicants’ costs, and applicants seem generally Working time by the Liberian officials that was lost positive. At the same time, the ESP charges a fee for or spent on administration is not included. All in its services.31 Unlike consulates, ESPs may not waive all, costs amounted to more than 2,000 euro per any procedural requirements, which could be one person. The costs emanate from the normal proce- reason why even applicants of “known reliability dure – none of the requirements imposed were due and integrity” are rarely offered procedural facilita- to the Ebola outbreak. tion (see below).32 Example Example “A visa easily costs me two “Delays are part and working days per employee” parcel of the process” Dzemil Ugarak, director and owner of Ugarak GE Healthcare is a global firm with 300,000 Produkt in Bosnia and Herzegovina explains33: employees in more than a hundred countries. “My company produces PVC and aluminium GE Healthcare in Uppsala, Sweden, special- windows and facades. We import raw materials ises in life sciences. There is a steady stream and export our products to the EU. On aver- of people coming and going to Uppsala from age, we need 12 to 15 visas every year: for our other parts of global GE, often requiring work drivers, but also for the technicians who have permits. The main difficulty is considered to be to show our European clients how to install our the uncertainty the permits impose on timing. products. The Uppsala office has never in recent times To get a visa is not cheap. First, there are been denied in an application. Thus, they are some direct financial costs (…) But what costs not uncertain about if a person can come, me more is the time that my workers spend on but it is uncertain when. getting a visa. They need to go to the embassy “Delays are part and parcel of the process”, in Sarajevo twice – once to hand in the appli- says GE. “We can never set a firm date for cation, and once to pick up their visa. Each when a foreigner shall begin his or her job time, they need to drive from Visoko to Sara- with us. We are used to this, and must adjust jevo (28km) and back again, which takes an operations and expectations accordingly. hour by bus each way. If they go by car, we We would never count on a person coming have to pay parking fees, which are consider- from abroad to manage a key process or client, able, up to 15 EUR. They need to wait at the due to the uncertainty. Instead, most of our embassies, which can take many hours. In the international rotations happen for reasons of end, a visa easily costs me two working days career or firm development, rather than filling per employee.” specific positions.” 10
2.3 Uncertainty when In exceptional cases, however, processing times may be more than 20 months.37 The fast-track Uncertainty is generally negative both for growth34 system with certified external companies has con- and trade35, especially when it concerns just-in- siderably reduced processing time for applications time production. Entry regulations create uncer- considered eligible. These applications took on tainty – both as regards if entry will be granted and, average 6 days to process in 2013.38 if so, when. Entry permits are usually discretionary For Schengen visas, the length and uncertainty measures: it is not certain that the permission will of the entire application procedure is the main be given, until it has been given. issue, rather than just the processing times.39 Figure The Swedish work permit system has for some 2 has the standard application process in its centre. time held considerable uncertainty as to when The boxes around the process chart show common because of the processing times.36 The average variations according to evidence gathered by the processing time in 2013 was 108 days (3.6 months). European Commission. Figure 2. Visa application process with common variations in boxes 40 70% of consulate’s websites have “average or poor” information, e.g. Gather information about documents about requirements 91 % of frequent Less than half of travellers claim never consulates had Apply for an to have been offered online booking of appointment facilitation appointments No of required docs can Gather necessary vary from 9 to 16 for the Max 2 weeks wait is documentation same purpose of travel allowed but 30% of respondents waited longer Applicant must usually submit in person. Not Submit application uncommon to travel to other countries – there are about 900 “blank spots” over In a majority of cases, the world, where the sole/ decision is taken within main destination Schengen 7 days. Deadline may be Wait for processing country does not accept extended from 15 days applications in the appli- to 60 in exceptional cases. cants’ country of residency Pick up in person Pick up passport or with ESP Total waiting time between first contact with consulate or ESP and collecting their passport was >10 days for 42 % of respondents, and >1 month for 20 % 11
As shown in figure 2, while processing times are however, to much affect multinationals or IT com- often shorter than seven days, a number of factors panies who need for mobility for trade purposes. may extend the entire process for the applicant. The refusal rate for them has been less than 1 % in These factors reflect, for example, that the applica- the last years.42 tion of the Schengen visa policy is not yet fully For Schengen visas, the refusal rate is lower: harmonised between member states, as well as the 7-9 % of applications in the last years.43 There are discretionary and case-specific nature of visas. The however large fluctuations within this average. length of time varies between cases, consulates, Even if the refusal rate is low, an individual applica- source country, host country, purpose of stay, and tion is always uncertain because of the other factors, adding to the unpredictability for the element of discretion in the processing. applicant. Uncertainty is fuelled if the reasons for refusal are not made clear. Reason for refusal of a visa is notified to the applicant but the use of a standard 2.4 Uncertainty if form means that it might not be very informative if The refusal rate is one measure of uncertainty as to no qualitative guidance is also provided.44 if a permit will be issued. The refusal rate may also To conclude this chapter about uncertainty and reflect the number of incomplete or inadequate costs, it is clear that difficulties in one area exacer- applications. bate the others. Manufacturing company SKF puts For Swedish work permits, between one quarter it like this: and one fifth of first-time applications have been ”The worst problem is the waiting time in com- refused in the last years.41 One of the purposes of bination with the unpredictability. We can only the fast-track system is to reduce the number of hope to get a certain person to a certain position in incomplete applications which slows the system 6 or 12 months, but we cannot know. We don’t have down. This rather high refusal rate does not seem, that kind of grace period in the private sector.” 12
3. The effects on companies It has now been shown that entry procedures create Delays may also occur when a temporary stay costs for companies and that there can be a lot of needs to be prolonged. A Schengen visa is not uncertainty during an application process. In this renewable and its period of validity is generally chapter, we examine how this affects the operation limited to the event or period foreseen at the time of companies. of application.47 If plans or circumstances change, the visitor must leave the country and apply for a new visa from home. “It may take two months 3.1 Delayed projects or delivery before our expert is back to finish the job”, says one IT company.48 Similarly, US companies describe The most common effect, based on interviews how when they send a work team into the EU to with companies, seems to be that delays to entry install a piece of machinery, completion could be for a person in turn delay projects or deliveries to delayed due to unforeseeable environmental or clients. Even a relatively short waiting time can be work conditions. If the permit expires before a pro- problematic for firms operating in a highly com- ject is completed, the company has to fly the team petitive international environment.45 One example out of country and then back, or fly in other tech- is Tieto, an IT firm, who say: ”We need someone in nicians to take over, adding to business costs.49 a week’s time”. Or King, a digital game developer: “We need them yesterday”. Example Delayed movement of persons from certain countries restrains companies wishing to start Delayed projects doing business with that country.46 Several compa- – a costly business for ABB nies mentioned that especially in industries with A delay can have enormous consequences, tough competition or where speed is essential, often in proportion to the costs at stake in the procedural delays and hassle can be negative for project. ABB is a global enterprise group, trade and future prospects. specialising in, for example, high voltage direct current (HVDC) transmission. With electricity Example grid building sites all over the world and a highly specialised workforce to deploy on a global Small wood producer missed out on one year’s exports scale, ABB relies on getting the exact right The small company Orsa Lamellträ, located in a expertise to the right place at the right time. small town in the middle of Sweden, produces The larger HVDC projects run over 3-4 years glued laminated timber. The financial crisis and and may be worth several hundred million euros. hardening international competition drove many These projects often have built-in milestones Swedish wood producers out of the market, and triggering payment. In the worst-case scenario, Orsa Lamellträ needed to find new markets. bureaucratic barriers to getting the right exper- New export possibilities were identified in the tise on the ground causes ABB to miss their Balkans, but to be able to sell directly to deadline vis-à-vis the client, meaning that they customers, rather than to middlemen, it was can be charged fines of around 50,000 euros necessary to first recruit a person from the per day. export market with fluency in its language and business culture, and who could be trained to know all about Orsa Lamellträ’s offerings. This 3.2 Inefficient business operations person needed a work permit in Sweden. The application cost a lot of time to manage There are many ways in which entry procedures and also took six months to be processed. could create inefficiencies in the way companies By then other exporters had arrived to the operate. Rather than waiting for the right person Balkan market and captured market shares. and risking delays, companies may opt for quicker Orsa Lamellträ’s introduction into the market but less efficient ways of getting the job done. was delayed by one year, resulting in lower Instead of the most suitable person, they deploy revenues than had been anticipated. someone less qualified who has the right passport or is already in the country. IT company Tieto says: 13
”When we put together a team for a new client A general barrier to efficient business stressed or a new project, we sometimes have to do it in by many is that lengthy application procedures suboptimal ways, for example starting the project in reduce opportunities to respond quickly to market China with only Chinese personnel even though a changes, for example by delaying meetings. “We combination of Swedes and Chinese would be bet- have to plan so far ahead and still we are not sure of ter. We work something out. Waiting times do not getting the right people here on time”, is a common necessarily cost us contracts or clients, but they reflection. certainly reduce efficiency for the cross-border teams, and consequently income.” To stay competitive, international companies 3.3 Contracts lost increasingly organise themselves as one global In some cases, companies are not able to work entity. In the past, it was more common to have around delays and uncertainty in the processes and parallel entities in each (major) country with similar lose the contract or the client to which the person internal structure and duplicated functions. Nowa- moving was key. Companies often want to keep days, specialised hubs are instead expected to serve such failures to themselves and not much was the entire company on all its markets from one shared during interviews.51 A survey conducted by location. New projects often have to draw on com- a German business association sheds some light on petence from several such hubs. This means that this issue. Companies were asked about the visa mobility of specialised persons is built into the requirements between Germany and Russia and corporate set-up. Costs and uncertainty for mobil- their impact on business. 39 out of 200 respondents ity limit the efficiency of this set-up which may be – a cross-section of German business – stated that negative for the company’s competitiveness. visa problems had already resulted in contracts For example, a Swedish work permit can be being lost to competitors. One of the reasons was renewed. While applying for the extension, the per- that the requirements made it impossible to keep son can stay on the job but is recommended not to deadlines, or to attend meetings on short notice. leave the country. A manufacturer of appliances, More than half of the companies said that they Electrolux, explains that staying put like this delays would invest more in the EU and Russia if the visa business, since these persons often take up a glob- requirement were lifted. One German company ally important function and need to travel in the with Russian customers said: course of their job. Where competence is special- “It cannot continue like this. We are driving our ised, a function cannot easily be filled by someone customers away through the long waiting times for else. Instead, time is lost while the person needs to German visas (…) Otherwise our competitors stay put in Sweden.50 everywhere will be delighted.”52 14
4. The impact on trade We have now established that entry procedures some visa procedures, up to 80 % would be “recov- entail costs which may affect how companies do ered” under various scenarios, such as increased business. However, doing business always entails use of multiple-entry visas and longer validity of costs and any regulation may affect efficiency. In visas.59 This indicates that, at least in the visa case, this chapter, we therefore investigate whether there facilitating procedures might be almost as effective is any longer term impact of costs and uncertainty as removing visa requirements. To put it differently, imposed by entry procedures – first if there is a trade facilitation of entry procedures might be general impact on trade, and then how any impact almost as effective as full market access for persons. differs between types of trade. We expect to find impacts, because trade facilitation literature has shown that transaction costs at borders affect the 4.2 Disadvantaging trade in pattern of bilateral trade and investment, as well high-value products as the geographical distribution of production.53 In addition to these general tendencies, it is clear that costs arising from entry procedures are more 4.1 General impact strongly felt in “high-value” trade than other trade. – visas restrict trade By high-value we mean that it depends on special skills and/or is highly servicified. Both make mobil- Studies show that trade between two countries ity of persons more important. increases when there are migrants from one of the Firstly, high-value products depend on scarce countries present in the other.54 Three quantitative and highly specific skills. ICT is a prominent exam- studies furthermore indicate that lack of visa ple, where there are tight labour markets for many requirements, specifically, increases bilateral trade.55 critical competencies and technology and skills The first study shows that the US Visa Waiver evolves fast. As explained by World Economic Program encourages business travel and com- Forum, this is why “all skills are not available in all merce. When the USA and another country remove markets at all times, and consequently, must be visa requirements between them, US merchandise sourced globally within a company and made avail- exports to that country increases in the range of able on a temporary basis.”60 “Our programmers 10-20 %. To get the same effect, tariffs would have often work at the client’s site”, says IT company to be lowered by 2-4 %.56 Nansen. “We must send someone there who knows The second study finds that when Schengen both the technology and how we work. Slow entry countries introduced new visa requirements on procedures slow the business down; we lose speed Ecuador and Bolivia, bilateral trade dropped con- in developing new products and services. We could siderably between Schengen Europe and these two grow faster if procedures were faster.” countries compared with countries without (new) Also, as explained above, global companies visa requirements.57 often draw on expertise from many hubs when they The third study finds that Russian companies develop new projects. Research and development is less often export to destinations where their per- particularly cross-border by nature. “Ultimately”, sonnel face visa requirements, compared to similar says ABB, “we are concerned about the future destinations without such requirements. Visa possibilities of conducting cutting-edge research in requirements are deemed to play a significant and countries where we cannot swiftly assemble the negative role in terms of market access for these needed expertise”. Competence is increasingly firms.58 specialised in other sections of business as well While this literature is new and has some meth- and requires quick and reliable entry procedures odological difficulties, it indicates that imposing a to be effectively deployed. Sometimes, only one visa per se has a negative impact on trade. There are, person is qualified for a specific task. to our knowledge, no studies investigating the Secondly, the “servicification” of production effects of facilitation of visa procedures (or work per- means that goods-producing companies increas- mits) on trade. However, the European Commis- ingly rely on services both as inputs and for adding sion estimates that out of several million potential value to their products.61 Products which are servic- travellers to EU “lost” in one year due to cumber- ified are often considered heterogeneous by the 15
client because services such as support, education It is therefore not surprising that two of the and maintenance are included in the package and/ quantitative visa studies cited above find that pres- or because products are tailor-made for the cust- ence of visa requirements affects heterogeneous omer. They may therefore sell at a higher price. goods more than homogenous goods. In the The products require personal contacts and pres- Russian study, the effect on exports was twice as ence of experts at the customers’ site to be sold and great.62 delivered and to function properly over the years. When traded across borders, such products are therefore more sensitive to costs and uncertainty in 4.3 Disadvantaging production in entry procedures than products that depend less global value chains on services. Sensitivity to costs and delays is higher where the product’s value chain is global rather than local in Example nature. The more borders that need to be crossed, Holding excess “inventory” the higher the costs for entry procedures will be. of visas For example, in ABB, the divisions “Power sys- Nolek is a small company that exports solutions tems” and “Corporate research” depend on mobility for leak testing, leak detection and proof testing and are sensitive to delays and costs. Both divisions from Sweden. To ensure the continued function draw on expertise from all over the world and the of their product, they guarantee repair services output is developed in many locations. The low if the equipment malfunctions. Nolek’s business voltage product segment, on the other hand, is model therefore relies on being able to dispatch mainly produced and sold within the EU and is technical staff on short notice to these cross- therefore less sensitive. border clients. They ensure that certain staff Global value chains are held together by a steady always possesses valid visas to export coun- stream of people who coordinate, educate, perform tries, if the need to travel should arise. This “sur- tasks for, and become acquainted with each other – plus inventory” of visas is both an administrative especially going back and forth to the headquart- burden and a substantial cost, since the com- ers.64 “If companies are going to want to have their pany exports to many markets, but it is prefe- headquarters here in Sweden, we must facilitate rable to making the customer wait days or people coming here to be trained in the company’s weeks while the visa is processed.63 culture and products”, says Envac, a company which produces automated waste collection sys- tems. “It is very time-consuming that everyone 16
should wait for visas for several weeks, and are sometimes not able to get them in time”. A specific difficulty for companies outsourcing parts of its production through global value chains is that visas are often not granted without an invita- tion letter from the partner organisation. This is the case in, for example, the Schengen area and China. This means that surprise visits to the contract manufacturer are not possible, and hence it may become difficult to monitor and evaluate their performance. Moreover, the impact of entry procedures is more strongly felt in production that is global in the sense that it involves “non-traditional” coun- tries. For Swedish companies, non-traditional in the company may have to devote all his/her time means for example the emerging economies in to managing the mobility of a key person. It is per- Asia, Africa and Latin America.65 Mobility is gener- haps unlikely that a small or recently started com- ally more difficult to and from these countries than pany could absorb costs of above 2,000 euros for a between EU/OECD countries. Visas are usually visa application when there is no guarantee that the required in both directions, and because of income application will be approved. differences between the countries it is proportion- Secondly, the sheer complexity of international ally more costly to bring a person from these mobility – the interplay between regulations for countries to work in Sweden – to a Swedish salary entry, taxes, insurance, and pensions, the multi- – than, say, from other EU countries.66 At the same level character of regulation (local, national, time, this is the part of the world where markets regional, international), the lack of international grow and where established companies might harmonisation, the need to deal with multitudes expand. In order to trade and invest in these of country-pairs, and the political sensitivity often markets, mobility of persons (in both directions) is surrounding migration – may inadvertently favour crucial. incumbents because they have experience in how Companies stress in interviews that they do not to navigate and manage systems. move personnel to cut costs – costs are typically Thirdly, rules may explicitly favour existing four to seven times higher for transferring person- firms over start-ups. One example can be fast-track nel to hiring locally67 – but because it is necessary systems for “trusted traders” or “approved econo- for the business. Still, costs (which include salaries) mic operators”. These systems are meant to direct are important when determining whether to government control efforts where they are most arrange an international assignment. needed, by certifying “incumbents” that follow the rules and focusing inspection on others. The Swed- ish fast-track system for work permits, for example, 4.4 Favouring incumbents was first designed so that few Swedish companies had enough applications per year to qualify, espe- There is a risk that entry procedures favour cially in new and dynamic segments of the eco- “incumbents” – established and/or large companies nomy such as game development or digital stream- – over new market entrants, such as small and ing of music. At the same time, these start-ups medium-sized enterprises or new start-ups. expanded rapidly, needed to draw on skills from all Firstly, any regulation that imposes fixed costs is over the world, and had little patience with delayed proportionately more costly for small entities.68 applications.69 The system was then changed so that None of the large companies interviewed for this small and new companies could also use the fast- report mentioned outlays for fees, travels or HR track through the services of another certified personnel to manage applications as a big obstacle, company (see chapter 2.1). Still, the fees charged by but for small companies the same costs can be con- the certified companies might be more difficult to sidered as prohibitive. At times, the only HR person absorb for small companies. 17
5. Concluding discussion Trade facilitation for goods allows companies to mentation of policy (allowing quicker procedures trade more efficiently and generates considerable for operators with a positive record70) have been welfare gains. By placing the trade facilitation lens shown in trade facilitation for goods and may hold over entry procedures for persons, this report has valuable lessons for designing “approved economic demonstrated that streamlining the flow of people operator” programmes or certification programmes across borders would facilitate trade for companies for persons as well. As has been shown, it is also in similar ways. important to “Think Small First”71, so as not to We have estimated that in a “worst case” scen- discriminate against small and new companies.72 ario, for a person coming to Sweden who needs Mirroring the development in trade facilitation both a work permit and a visa and where both are for goods, there is increased government “out- delayed to the maximum degree, entry may cost in sourcing” of entry procedure administration to the range of 3,000 euros or more and take up to two business services companies. If procedures con- years. A more likely scenario might be costs of tinue to be complex and lengthy, these types of ser- around 200-1000 euros and a couple of weeks of vices might make the handling of entry procedures waiting. While costs are unwanted, it is mainly the more efficient for users, even though they also uncertainty as to when the permit will be granted charge fees. and the length and sometimes unpredictability of This report has examined entry to Sweden, and the application procedures that are perceived by its implications are highly relevant to the Swedish companies as creating delays, inefficiencies and trade profile. However, movement of persons is lost opportunities in their operations. In the long important to most companies that trade and visas run, trade is affected negatively, even by limited and work permits are measures used by most coun- costs and delays. tries. Our cost estimates are indicative only, but it is Furthermore, negative impact of entry proce- not likely that they are unusually high. Some entry dures is disproportionately high in production and procedural practices which are not applied in Swe- trade that relies on production through global value den would for example increase costs and uncer- chains, involving scarce skills, and embodying both tainty far beyond the procedures studied here.73 goods and services. Where entry procedures de facto All in all, it is clear that policy and design of favour incumbent companies over small and new procedures matter. Even if a country has adopted businesses, this may also result in negative impact relatively simple and straightforward systems, busi- on competition in the home market. ness changes faster than rules and it is important to The trade facilitation principles can support an re-evaluate procedures continuously through the analysis of how to reduce trade costs in entry pro- trade facilitation perspective. In a world of global cedures for persons. Harmonising regulations, sim- value chains, just-in-time production, servicifica- plifying procedures, standardising requirements, tion and growing emerging economies, trade facili- and improving transparency are as relevant for tation for goods needs to be complemented with movement of persons as for movement of goods. other types of “flow facilitation” – not least efforts The advantages of risk management-based imple- to reduce trade costs of visas and work permits. 18
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