The provisions of this chapter reflects the preferential trading relationship between the parties, whether to facilitate the temporary entry of business persons under the principle of reciprocity and the need to establish transparent criteria and procedures for this purpose. it also reflect the need to ensure border security and to protect the work of its nationals and permanent employment in their respective territories.
Article 12-03. General Obligations
1. Each Party shall apply its measures relating to this chapter in accordance with article, in particular the apply expeditiously to avoid undue hardship, or delay trade in goods or services or investment activities under this Treaty.
2. The Parties shall endeavour to develop and adopt common standards, definitions and interpretations for the implementation of this chapter.
Article 12-04. Authorisation for Temporary Entry
1. In accordance with the provisions of this chapter including those contained in the annex to this article, each Party shall grant temporary entry to business persons who meet the other applicable measures relating to public health and safety and national security.
2. A Party may refuse to issue an immigration document authorizing employment to a business person where the temporary entry adversely affecting:
a) The settlement of any labour dispute that is in the place where is employed or will be used; or
b) The employment of any person who is involved in such dispute.
3. When a party refuses to issue an immigration document authorizing employment in accordance with paragraph 2, that Party:
a) It shall inform the person affected business in writing the reasons for the refusal; and
b) Shall without delay and in writing of the reasons for the refusal to the Party in whose national refused entry.
4. Each Party shall limit the rights that causes the processing of applications for temporary entry to the approximate cost of services rendered processing.
Article 12-05. Availability of Information
1. In addition to the provisions of article 18-02, each Party shall:
a) The other Party shall provide to materials such as will enable it to know measures relating to this chapter; and
b) Not later than twelve months after the date of Entry into Force of this Treaty, shall publish and make available in its territory and the other party a consolidated document with materials explaining the requirements for temporary entry under this chapter to know the business persons of the other party.
2. Each Party shall collect and maintain and make available to the other Party in accordance with its legislation, information concerning the granting of temporary entry of authorisations under this chapter to the other party of persons who have been issued immigration documentation. this compilation shall include information specific to each occupation, profession or activity.
Article 12-06. Committee on Temporary Entry.
1. The parties establish a committee of temporary entry, comprising representatives of each of them, including migration officials.
2. The Committee shall meet at least once every 12 months to consider:
a) The implementation and administration of this chapter;
b) The development of measures to further facilitate temporary entry of business persons under the principle of reciprocity.
c) The exemption of labour certification tests or procedures of similar effect for spouses of the person who has been granted temporary entry for more than one year under section B or C of the annex to article 12-04; and
d) The proposed modifications or additions to this chapter.
Article 12-07. Dispute Settlement
1. The Parties shall not initiate proceedings under article 20-06 regarding a refusal of authorisation of temporary entry under this chapter or a particular case covered by paragraph 1 of Article 12-03, except that:
a) The case concerns a recurrent practice; and
b) The person affected business have exhausted the available administrative remedies regarding the particular matter.
2. The remedies referred to in subparagraph 1 (b) shall be deemed to be exhausted if the competent authority has issued a final decision within 12 months after the beginning of the administrative procedure, and resolution is not attributable to delay caused by the business person.
Article 12-08. Relationship to other Chapters
Except as provided in this chapter chapters and provisions (1) initial, (ii) general definitions, XVIII (transparency), article XX (dispute settlement) and XXII (Final provisions), no provision of this Agreement shall impose any obligation on a Party regarding its immigration measures.
Annex to Article 12-04. Temporary entry of business persons
Section A. Business Visitors
1. Each Party shall allow the temporary entry of a business person who, at the request of an enterprise of the other party registered bilateral enterprises referred to in paragraph 7, intends to perform any activity listed in appendix 1 to this Annex, without requiring authorisation to use, provided that, in addition to comply with existing immigration measures applicable to temporary entry, displays:
a) Proof of nationality of a party;
b) Documentation attesting to the request for an enterprise established in the territory of a party;
c) Documentation attesting to undertake such activities and bring the purpose of entry; and
d) Evidence of the international character of the proposed business activity carried out and that the person is not intended to enter the local labour market.
2. Each Party shall provide that a business person may satisfy the requirements set forth in subparagraph (d) of paragraph 1 when'proving that:
a) The primary source of remuneration for that activity is outside the territory of the party authorizing the temporary entry; and
b) The principal place of business and where it is most of the profits remain outside such territory.
3. Each Party shall normally accept an oral declaration as to the principal place of business and the profits. where the party requires additional verification be deemed sufficient evidence; a letter from the employer recorded in the register bilateral enterprises showing the circumstances.
4. Each Party shall grant temporary entry to a business person seeking to carry out any activity other than those set out in appendix 1 to this annex on terms no less favourable than those under the existing provisions listed in Appendix 2 to this Annex, provided that the business person complies with existing immigration measures applicable to temporary entry.
5. No party may:
a) Requiring as a condition for authorizing temporary entry under paragraph 1 or 3, prior approval procedures, requests, labour certification tests or other procedures of similar effect; or
b) Impose or maintain any numerical entry to temporary restriction under paragraph 1 or 3.
6. Notwithstanding paragraph 5, a Party may require a business person seeking temporary entry under this section to obtain a visa prior to entry, or an equivalent document. before a visa requirement imposes a party, shall consult with the other party for the purpose of avoiding the requirement. where a Party is the visa requirement, at the request of the other Party shall consult with a view to its removal.
7. For the purposes of this section, the Parties shall establish and keep updated registration - bilateral business visitors.
Section B. Traders and Investors
1. Each Party shall grant temporary entry and provide documentation to a business person seeking to:
a) To carry out a substantial trade in goods or services principally between the Territory of the Party of which he is a national and the territory of the party into which entry is sought; or
b) Establish, develop, administer or provide advice or technical services in key monitoring functions, executive or involves essential skills, to conduct or operation of an investment business to which the person or the business have committed or are in the process of committing a substantial amount of capital, provided that the person complies with existing immigration measures applicable to temporary entry.
2. No party may:
a) Labour require certification tests or other procedures of similar effect as a condition for authorizing temporary entry under paragraph 1; or
b) Impose or maintain any numerical restriction relating to temporary entry under paragraph 1.
3. Notwithstanding paragraph 2, a Party may consider in a timely fashion, the investment business proposal of a person to assess whether the investment complies with the applicable legal provisions.
4. Notwithstanding paragraph 2, a Party may require a business person seeking temporary entry under this section to obtain a visa prior to entry, or an equivalent document.
Section C. Transfers of Personal Within an Enterprise
1. Each Party shall grant temporary entry and supporting documentation to issue a business person employed by an enterprise of the other party bilateral companies registered as referred to in paragraph 4, that seeks to perform managerial, executive or involves specialized knowledge to that enterprise or a subsidiary or affiliate, provided that complies with existing immigration measures applicable to temporary entry. a Party may require the person to have been continuously employed by the Enterprise for one year within the three-year period immediately preceding the date of submission of the request.
2. No party may:
a) Labour require certification tests or other procedures of similar effect as a condition for authorizing temporary entry under paragraph 1; or
b) Impose or maintain any numerical restriction relating to temporary entry under paragraph 1.
3. Notwithstanding paragraph 2, a Party may require a business person seeking temporary entry under this section to obtain a visa prior to entry, or an equivalent document. before a visa requirement imposes a party, shall consult with the other party for the purpose of avoiding the requirement. where a Party is the visa requirement, at the request of the other, shall consult with a view to its removal.
4. For the purposes of this section, the Parties shall establish and keep updated registration bilateral enterprises - transfers within the company.
Appendix 1 to Annex Article 12-04. Business visitors
I. Definitions
For purposes of section A to appendix:
Bus tour operator: natural person required for the operation of the vehicle for tourist travelling including personnel accompanying a follow-on or later; and
Transport operator: a natural person who is not a bus tour operator, required for the operation of the vehicle throughout the journey, including personnel accompanying a follow-on or later.
II. Research and design
- Technical, scientific and statistical researchers conducting independent research or for an enterprise located in the territory of the other party.
III. Cultivation, production and manufacturing
- Owners of machines harvesters supervising a group of operators admitted in accordance with the applicable provisions.
- Purchasing and production personnel, at managerial level, to undertake commercial transactions for an enterprise located in the territory of the other party.
IV. marketing
- Market researchers and analysts conducting independent research or analysis for an enterprise located in the territory of the other party.
- Fairs and promotional personnel attending a trade conventions.
V. sales (1)
- Sales representatives and agents to lift orders or negotiating contracts for goods and services for an enterprise located in the territory of the other party but not delivering goods or providing services.
- Procurement buyers make for an enterprise located in the territory of the other party.
VI. distribution
- Transport operators to undertake loading and transport of goods or passengers in the territory of a Party from the territory of the other party, without undertake loading or unloading, in the territory of the Party to which the request entry of goods that are in that territory or that address passenger therein.
- Customs agents to provide advisory services for the purpose of facilitating the import or export of goods.
VII. after-sales services
- Staff of installation, maintenance and repair, with monitoring expertise essential to comply with the obligation of the seller and to provide services, or train workers to provide such services, pursuant to a warranty or other service contract related to the sale of commercial or industrial equipment or machinery, including software purchased from an enterprise located outside the territory of the other party, during the life of the warranty or service agreement.
VIII. General services
- Management and supervisory personnel engaging in commercial operation for an enterprise located in the territory of the other party.
- Financial services (personnel insurance agents or brokers, investment bankers) involved in commercial transactions for an enterprise located in the territory of the other party.
- Staff of public relations and advertising to provide advice to customers or attending or participating in conventions.
- Tourism personnel (travel agents and tour guides, tourist or tour operators) attending or participating in conventions or lead any excursion has begun in the territory of the other party.
- Bus tour operators falling within the territory of a party:
a) With a group of passengers on a bus tour that has begun in the territory of the other party and to return to it;
b) To obtain a group of passengers on a bus tour that completes and develop, mostly in the territory of the other party; or
c) With a group of passengers on a bus travel and tour destined for the Territory of the other party, and return without passengers or with the Panel.
- Translators and interpreters performing services as employees of an enterprise located in the territory of the other party.
Appendix 2 to Annex Article 12-04. Existing immigration measures
1. In the case of Mexico, chapter III of the General Population Act, 1974, reforms.
2. In the case of Nicaragua, Migration Law, Law Gazette No. 153 no.80, 30 April 1993, Act No. 154, No.81 Gazette, 3 May 1993.
Chapter XIII. Financial Services
Article 13-01. Definitions
For purposes of this Chapter, the following definitions shall apply:
public entity: a central bank, or monetary authority of a Party, or any financial institution of a public nature owned or controlled by a Party;
financial institution: a company or financial intermediary that is authorized to do business and is regulated or supervised as a financial institution under the laws of the Party in whose territory it is located;
financial institution of the other Party: a financial institution, incorporated under the laws of each Party, located in the territory of a Party that is controlled by persons of the other Party;
investment:
a. an enterprise;
b. shares of an enterprise;
c. debt instruments of an enterprise:
(i) where the enterprise is an affiliate of the investor; or
ii) where the original maturity date of the debt instrument is at least three years, but does not include a debt instrument of a state enterprise, regardless of the original maturity date;
d. a loan to an enterprise:
(i) when the enterprise is an affiliate of the investor; or
ii) when the original maturity date of the loan is at least three years, but does not include a loan to a state enterprise, regardless of the original maturity date;
e. an interest in an enterprise, which allows the owner to participate in the income or profits of the enterprise;
f. an interest in an enterprise, which entitles the owner to share in the equity of that enterprise in a liquidation, provided that the liquidation does not arise from an obligation or loan excluded under c) and d);
g. real estate or other property, tangible or intangible, acquired or used for the purpose of obtaining an economic benefit or for other business purposes;
h. benefits derived from allocating capital or other resources for the development of an economic activity in the territory of the other Party, among others, pursuant to:
(i) contracts involving the presence of an investor's property in the territory of the other Party, including concessions, construction and turnkey contracts; or
ii) contracts where the remuneration is substantially dependent on the production, revenues or profits of an enterprise; and
i. a loan granted to a financial institution or a debt security issued by a financial institution that is treated as equity for regulatory purposes by the Party in whose territory the financial institution is located;
shall not be deemed to be an investment:
j. pecuniary claims that do not involve the types of rights set forth in the subparagraphs of the definition of investment arising solely from:
(i) commercial contracts for the sale of goods or services by a national or enterprise in the territory of a Party to an enterprise in the territory of the other Party; or
ii) the extension of credit in connection with a commercial transaction, such as trade financing, other than a loan covered by the provisions of subparagraph d);
k. any other pecuniary claim that does not involve the types of rights set out in the subparagraphs of the definition of investment;
investment of an investor of a Party: an investment owned or controlled directly or indirectly by an investor of a Party;
investor of a Party: a Party, an enterprise of the State of that Party, or a person of that Party that intends to make, makes, or has made an investment;
disputing investor: a person bringing a claim under the provisions of Article 13-20;
new financial service: a financial service not provided in the territory of a Party that is provided in the territory of the other Party, including any new form of distribution of a financial service, or sale of a financial product that is not sold in the territory of the Party;
self-regulatory body: a non-governmental entity, including any stock or futures exchange or market, clearing house or any other association or organization that exercises proprietary or delegated regulatory or supervisory authority over financial service suppliers or financial institutions;
person of a Party: a national or company of a Party and, for greater certainty, does not include a branch of a company of a non-Party;
cross-border supply of financial services or cross-border trade in financial services means the supply of a financial service:
a. from the territory of a Party into the territory of the other Party;
b. in the territory of a Party, by a person of that Party to a person of the other Party; or
c. by a person of a Party into the territory of the other Party;
financial service supplier of a Party: a person of a Party that is engaged in the business of supplying any financial service in the territory of the other Party;
cross-border financial service supplier of a Party: a person of a Party that is engaged in the business of supplying financial services in its territory and intends to or does engage in the cross-border supply of financial services; and
financial service: a service of a financial nature, including insurance, reinsurance, and any service related or auxiliary to a service of a financial nature.
Article 13-02. Scope
1. This chapter applies to measures adopted or maintained by a Party relating to:
a) Financial institutions of the other party;
b) A Party of investors and investments of investors in those financial institutions in the territory of the other party; and
c) Cross-border trade in financial services.
2. Nothing in this chapter shall be construed as preventing a party or its public entities, leading or provide exclusively in its territory:
a) Activities or services forming part of a public retirement plan or public social security systems;
b) The use of the financial resources of the Party; or
c) Other activities or services on behalf of the party or its public entities or with the guarantee.
3. The parties undertake to liberalize among themselves, progressive and gradual, any restriction or financial reserve with the aim of ensuring effective economic complementarity between them.