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156 QUANTIFICATION OF BENEFITS FROM ECONOMIC COOPERATION IN SOUTH ASIA Dentists: Under the Dental Council of India Act, the Dental Council of India may enter into negotiations with the relevant authority of the foreign country and set up a scheme of reciprocity for recognition of dental qualifications. The Council reportedly has reciprocal agreements with UK, Australia and New Zealand. 30 Agreements on a reciprocal basis with SAARC countries are also a possibility under this provision. The Dental Council of India Act also envisages temporary registration of foreign qualified doctors who are engaged in teaching or research in India. 31 Degrees obtained by Indian citizens from certain foreign countries are also specified as recognised degrees by virtue of which such person can register as a dentist with the dental council. However a foreign dentist holding a similar degree cannot register. For a foreign degree to be recognised, therefore, an arrangement of reciprocity with such country is a pre-requisite. Nursing: The Indian Nursing Act provides for three categories of nursing professionals based on qualifications and training: Nursing, Midwives and Auxiliary Nurse Midwives. Only nurses registered with the Indian Nursing Council can practice the profession in India. The Nursing Council has the power to recognise qualifications from other countries. However, it is not clear whether nursing degrees from other SAARC countries are recognised in India. India reportedly has arrangements recognising degrees from the USA and Canada. 32 The Maldives 33 FDI-related Requirements Foreign investment in the Maldives is governed by Law 25/79. The law provides the framework for an agreement between the government and a foreign investor. This law was reportedly passed in 1972, and the government is in the process of amending and replacing it with an updated law. The law does not specify any sector specific limits to foreign direct investment. It simply provides for the procedure for a foreign investor to enter into an agreement with the government of Maldives to invest into the country. In practice, for most sectors, with the exception of retain and education, the Government allows for 100% foreign investment. The basic stages for investment into the health sector would involve the following 34 : • An application regarding the proposed investment needs to be made to the Foreign Investment Services Bureau (FISB), which is part of the Ministry of Trade, Industries and Labour • The FISB’s Evaluation Committee reviews the proposal primarily from the point of view of infrastructure availability and consumer needs. There are no sector-specific guidelines for this; the approach adopted is a case-by-case approach. • 100% FDI is normally allowed in the event the proposed investment is worth US$ 1 million or above. For investments lesser than US$ 1 million, joint ventures with a local partner are recommended. • A decision is typically reached by the FISB within 3–4 weeks of the proposal being made. • Once investment is authorised for setting up of a hospital or a health centre, registration of the same with the Ministry of Health is also necessary. Domestic regulations regarding qualification and licensing criteria for medical practioners and dentists and nurses Rules, regulations and guidelines enacted by the ministry of health govern the qualification and licensing criteria for medical practitioners, dentists, nurses and paramedics. 35 The government of Maldives typically advertises internationally for skilled medical practitioners, and it has been estimated that approximately 75% of medical practitioners in the Maldives, including doctors, dentists, other specialists, nurses and paramedics are of foreign origin. 36 It has also been estimated that the proportion of Indians among the foreign doctors in the Maldives, is close to 70%. 37 30 Section 34, Dental Council of India Act, 1948 31 Ibid. 32 See, http://www.anmc.org.au/international/index.php 33 Information in this section on Maldives has been obtained from a review of Law 25/79 on Foreign Investments, and discussions with Mr. Ahmad Shahid, First Secretary (Economic and Commercial), High Commission of Maldives, New Delhi. 34 Ibid. 35 Copies of regulations could not be obtained. This section however summarises the overview provided by Mr. Ahmad Shahid, First Secretary (Economic and Commercial), High Commission of Maldives, New Delhi. 36 Discussions with Mr. Ahmad Shahid, First Secretary (Economic and Commercial), High Commission of Maldives, New Delhi. 37 Ibid.
H EALTH AND RELATED SERVICES 157 The process of recruitment of foreign doctors is as follows 38 : • The government advertises in international newspapers • Shortlisted applicants have to undergo several rounds of interview, and a close scrutiny of their qualifications and references. • The national accreditation board of Maldives accredits several universities and the degrees awarded by the same. If the applicant is from an accredited university, his/her application is processed faster. If not, a committee from the Ministry of Health is required to closely investigate the credentials of the university, the course outline, and the nature of exams offered by such university. • After an applicant is approved by the ministry of health, she is required to apply for a ‘work permit’ to the ministry of labour. A work permit is typically awarded for one year duration, and is renewable. It is estimated that some foreign doctors have stayed on to provide medical services in Maldives for 15 to 20 years. Nepal FDI-related Requirements The government of Nepal has formulated a Foreign Direct Investment Policy, under which 100% FDI is allowed in the health/hospital sector. 39 Pursuant to the Foreign Investment and Technology Transfer Act, 1992 the approval and permission of the Department of Industry under Government of Nepal is required for all FDI in Nepal. In order to obtain the permission, the foreign investor should first submit an application to the Department. Approvals are granted on a case-bycase basis. Domestic Regulations Regarding Qualification and Licensing Criteria for Medical Practioners and Dentists and Nurses Regulatory Authority: The Nepal medical council established under the Nepal Medical Council Act, is the regulatory body responsible for regulating medical and dental practice in Nepal. The Nepal nursing council established under the Nursing Council Act is responsible for the professions of nursing. Only persons with qualifications recognised by the relevant councils will be allowed to register with the councils for the practice of the professions of medicine, dentistry and nursing in Nepal. Recognition of Foreign Degrees and Reciprocal Arrangements: The Council recognises medical and dental degrees awarded by specified institutions in India, Bangladesh, Pakistan and Sri Lanka. Accordingly, six (6) Bangladesh universities, over hundred (100) Indian universities, nine (9) Pakistan universities, and one (1) Sri Lankan university, offering both degrees in medicine and dentistry, have been notified in the Nepal Medical Council’s list of recognised institutions. 40 These include both medical and dental colleges and institutions. Requirements for Registration of Foreign Doctors and Dentists: Foreign medical practitioners seeking to practice in the country are required to register themselves with the Nepal Medical Council. The criteria prescribed by the Council include the following key aspects 41 : • A filled application in the format of NMC for practice of medicine in a medical college or hospital for stipulated period. • A photocopy of visa and passport attested by an NMC member or any permanently registered doctor authorised for the same. • A good standing certificate from the council of the country which domicile country of the applicant. • A recommendation letter for registration with NMC from chief of medical college or hospital. • A letter of recommendation from HMG clearly stating the period and reason for appointment in that particular medical college or hospital. • Copies of the relevant medical degrees • Certificate of registration in other medical council if any. It is not clear whether the above requirements are in respect of only the foreign institutional degrees that are recognised by the Nepal medical council. The exact period for which temporary registration can be granted is also not clear. As specified in Nepal’s Schedule of 38 Ibid. 39 http://www.catmando.com/gov/industry/fipd 40 http://www.nmc.org.np/document/institutional.pdf 41 http://www.nmc.org.np/registration/foreign.php
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QUANTIFICATION OF BENEFITS FROM ECO
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QUANTIFICATION OF BENEFITS FROM ECO
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Preface Our consultations with seni
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viii CONTENTS 7. Revenue and Welfar
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Executive Summary OBJECTIVE This st
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EXECUTIVE SUMMARY xiii Table 1 EAMA
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EXECUTIVE SUMMARY xv India A full S
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EXECUTIVE SUMMARY xvii indicates th
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EXECUTIVE SUMMARY xix ments on basi
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Part I BENEFITS FROM TRADE, INVESTM
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4 QUANTIFICATION OF BENEFITS FROM E
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10 QUANTIFICATION OF BENEFITS FROM
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2 Literature Review and Rationale f
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4 Effective Additional Market Acces
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6 Impact of SAFTA on Member Countri
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7 Revenue and Welfare Implications
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8 Impact of SAFTA on Inward and Out
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9 Quantification of Benefits from T
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Part II BENEFITS FROM DEEPENING INT
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11 Construction and Related Enginee
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Appendix 8 Intra SAARC FDI Collabor
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Appendix 11 Table A11.1 On an Emplo
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Appendix 12 Original Commitments/In
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Appendix 14 Table A14.1 Telecommuni
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Appendix 15 REFERENCE PAPER Scope T
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Bibliography Abelson, P. (1996),
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BIBLIOGRAPHY 241 Cuba (2002), Negot
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BIBLIOGRAPHY 243 (2004), Impacts of
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BIBLIOGRAPHY 245 Silva, Patricia an
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BIBLIOGRAPHY 247 (1998), Tourism Se
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