FAQs under Computer and Related Services

What about the European company that has offices here in Barbados? Are Barbadian Computer Services firms allowed to provide services to these entities?

 

Barbadian service providers can provide computer and related services to EC consumers in Barbados.  No limitations of a market access or national treatment type have been imposed by the EC on this form of supply. 

 

 

The Barbados Private Sector Trade Team is here to answer any questions you may have about conducting trade in the European Community under the terms of the CARIFORUM-EC Economic Partnership Agreement.  If after reading these questions and answers you still have queries, please contact us directly by email at info@tradeteam.bb, or by speaking with one of our Trade Officials at 1-246-430-6541.

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I am an Independent Computer Services Professional. I’ve been offered a contract to provide computer services to a client in Europe. Does the EPA have provisions for me to travel to the EU to fulfill the contract should I accept it?

 

As an Independent Professional you are allowed under the EPA to travel to Europe to service a contract under the following conditions:

 

In order to apply for temporary entry, you must be a self-employed Computer Services Provider established here in Barbados (or another CARIFORUM territory), and your contract in Europe may not be for a period longer than 12 months.  You are required to have at least six (6) years of experience in the field and must possess a university degree or equivalent qualification, and professional qualifications where required by law.

 

As a Barbadian, your temporary entry will be for no more than six (6) months cumulatively during any 12-month period, or for the length of the contract, whichever is less, (This period is 25 weeks in Luxembourg.) and only the work under the contract is permitted during your stay in Europe.  You will not be permitted to perform any other work.

 

The following countries impose conditions on Independent Computer Services Professionals from Barbados wishing to work in their countries:

In Cyprus, Denmark, Estonia, Greece, France, Ireland, Luxembourg, Malta, Netherlands, Portugal, Slovenia & Sweden there are no market access or national treatment restrictions imposed on Barbadian service providers.  

In Spain, Italy & Poland an economic needs test will be applied for independent professionals, as well as in Austria, Bulgaria, Czech Republic, Finland, Hungary, Lithuania, Romania, Slovakia & United Kingdom.

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Would a Barbadian Computer Services Firm be allowed to service a contract in the EC that doesn’t require staff to relocate to the European country on a permanent basis, but travel there to service the project?

 

Yes.  The EPA has provisions for Computer Services suppliers who have a contract with a consumer in EC Member States to travel to these countries to provide services with the following conditions:

Conditions in which these services can be provided

The person from Barbados applying for temporary entry must be supplying a service as employee of a business that has obtained a service contract for a period not exceeding 12 months.

The person must have been an employee of the business for 1 year before applying for entry, and must have at least 3 years professional experience in the relevant sector.

The Barbadian national applying for temporary entry must have a university degree or equivalent qualification, and professional qualifications where required by law.

The person shall not receive remuneration during their stay, other than that paid by their employer.

The temporary entry will be for a cumulative period not exceeding 6 months (or 25 weeks in Luxembourg) during a 12-month period or for the duration of the contract (whichever is less).

The visa permits only the contracted service activity, no other business activities.

The number of persons covered by the services contract shall not be larger than necessary to fulfil the contract.

 

These opportunities to service contracts in EC Member States are subject to the following conditions:

In Cyprus, Denmark, Estonia, Greece, France, Ireland, Luxembourg, Malta, Netherlands, Portugal, Slovenia & Sweden, there are no market access or national treatment restrictions imposed on Barbadian service providers

Latvia will apply an economic needs test for contractual service suppliers.

In Belgium, an economic needs test will be applied, except for contractual service suppliers when the annual wage is above the amount defined by the relevant laws and regulations and Demark will apply an economic needs test except for contractual service supplies who wish to stay for up to three months.

In Austria, Bulgaria, Czech Republic, Finland, Hungary, Lithuania, Romania, Slovakia & United Kingdom, economic needs tests will be applied.

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Once a Barbadian company has been given permission to operate in the EU under the Agreement, what are the options for sending staff from this country to work in Europe?

 

Generally, the senior Barbadian staff responsible for establishing a commercial presence in Europe may stay for 90 days in any 12-month period. Key personnel will be allowed to work in Europe for a period of up to 3 years, and graduate trainees may stay for one year. Staff in these categories will be, of course, subject to normal visa and immigration requirements.

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May a Barbadian Computer Service firm (as stipulated in the list above) invest in or establish an operation in the EC?

 

Yes.  There are no market access restrictions placed on Barbadian firms wishing to invest in or operate in the countries of the EC.  There are some general conditions in the following countries that will apply, however:

Austria, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Spain, Greece, Finland, Hungary, Ireland, Italy, Lithuania, Latvia, Malta, Poland, Romania, Slovak Republic, and Slovenia place limitations on the acquisition of land and real estate, while the following countries impose limitations that require senior management personnel or Directors to have either local citizenship or residency:  Estonia, Finland, Italy, Romania and Sweden.

In Poland, there are limitations on the types of businesses that Barbadians may engage in under the EPA while Bulgaria, France, Finland and Italy limit the type of investment e.g. a maximum percentage for foreign shareholding or voting rights allowed by Barbadian nationals.

In the EC in general, there may be limitations placed on the treatment extended to branches and agencies and there are limitations on public utilities.

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Which of those services listed above may European providers offer within Barbados under the EPA?

 

For consultancy, data processing and database services and other services not elsewhere classified, EC service providers located in the EC may supply consumers in Barbados with these services and they may also supply these services to Barbadian consumers temporarily located in the EC.  Barbados has made no commitment to permit natural persons from the EC to temporarily enter Barbados for the purpose of supplying these services.  Nevertheless, given the commitment to permit EC operators to invest in/ establish a business in Barbados, the entry of key personnel and graduate trainees is permitted, but only when these skills are not available locally. In addition, the entry of contractual service suppliers is subject to an economic needs test. 

For software implementation services and data preparation services the same conditions apply as for those categories listed in the previous paragraph.

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What types of Computer and Computer-related services are covered under the Economic Partnership Agreement (EPA) between the countries of CARIFORUM (Including Barbados) with the European Community?

 

The CARIFORUM/EC Economic Partnership Agreement encompasses the following Computer and Related Services:

·       Consultancy services related to the installation of computer hardware

·       Software Implementation Services

·       Data Processing Services

·       Database services

·        Data preparation services and other Computer Services

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