Riyaz
Dattu
Partner, International Trade and Investment Law, Osler
rdattu@osler.com
TEL: +1 416.862.6569
(English) Labour Mobility: CETA’s temporary entry provisions will facilitate temporary travel or relocation for selected categories of business persons, including short-term business visitors, investors, intra-company transferees, and professionals and technologists. CETA’s labour mobility provisions will not open up permanent employment opportunities in Canada or the EU.
(English) Investment Protection: Canada and the EU are major investors in each other, with Canadian investment in the EU totalling $210 billion in 2015 and EU investment in Canada totalling $242 billion. CETA includes standard guarantees prohibiting expropriation without “prompt, adequate and effective” compensation, and requires investors from each of the parties to be treated in a fair and equitable manner. CETA will ensure investors are accorded both “national treatment” and “most-favoured-nation treatment,” meaning that investors cannot be treated in a less advantageous manner than domestic investors or investors of any other country. However, governments may act in the public interest when regulating health, safety and the environment and this will not be considered contrary to the investment provisions.
(English) Investment Arbitration Court System: The investment provisions also include access to an investor-state dispute settlement (“ISDS”) mechanism enabling foreign investors to enforce their rights against the host state of the investment in an independent international arbitration proceeding. The ad hoc arbitration system that was part of the draft ISDS mechanism was replaced in February 2016 with a permanent and institutionalized investment arbitration court system.
The coming into effect of the investment protection provisions and the ISDS will depend on approval by the parliaments of each of the EU members, unlike the other provisions of CETA which will be implemented provisionally once the EP provides its approval.
(English) Labour Mobility: CETA’s temporary entry provisions will facilitate temporary travel or relocation for selected categories of business persons, including short-term business visitors, investors, intra-company transferees, and professionals and technologists. CETA’s labour mobility provisions will not open up permanent employment opportunities in Canada or the EU.
(English) Available forms of incorporation in EU
(English) Description of EU taxation system
(English) Fundamentals of labor law
(English) Principles for the application of facilitations introduced under CETA
(English) Audit of business needs
(English) Preliminary identification of the customs treatment taking into account CETA
(English) Assessment of legal/regulatory conditions for the access of a product/service to the market
(English) Choice of legal form suitable for the specific circumstances
Formation of relevant entities in the EU together with the organisation of a temporary place of business
(English) Identification of available investment incentives
(English) Tax registration and tax-effective structuring
(English) Assistance in procuring accounting services
Partner, International Trade and Investment Law, Osler
rdattu@osler.com
TEL: +1 416.862.6569
Partner, Corporate, Osler
jvalley@osler.com
TEL: +1 416.862.5671
Managing Partner,
SSW Pragmatic Solutions
piotr.spaczynski@ssw.solutions
TEL: +48 602 250 491
Partner,
SSW Pragmatic Solutions
lukasz.karpiesiuk@ssw.solutions
TEL: +48 785 299 797