(i) primarily directs the enterprise or a department or sub-division of the enterprise;
(ii) supervises and controls the work of other supervisory, professional or managerial employees; Canada shall grant temporary entry and an immigration formality for a period of up to two years to an Ecuadorian Intra-Company Transferee. Extensions are possible.
The Ecuadorian Intra-Company Transferee must have been employed continuously by the enterprise for one year within the three-year period immediately preceding the date of the application for temporary entry.
The Ecuadorian Intra-Company Transferee must comply with Canada’s immigration measures applicable to temporary entry and the issuance of an immigration formality.
(iii) has the authority to hire and fire or take other personnel actions (such as promotion or leave authorisation); and
(iv) exercises discretionary authority over day-to-day operations;
(c) specialist means a business person within an enterprise possessing advanced proprietary knowledge of the enterprise’s products or services and their application in international
markets as well as of the enterprise’s processes and procedures, and an advanced level of expertise.
C. Investors
Canada’s commitments under this category apply to Ecuadorian business persons if Ecuador has made a reciprocal commitment in its Schedule for Investors without reserving the right to impose or maintain an economic needs test or numerical restriction.
Description of Category Conditions and Limitations (including length of stay)
Investor means a business person seeking to establish, develop, administer, or provide advice or key technical services to the operation of an investment to which the business person or the business person’s enterprise has committed, or is in the process of committing, a substantial amount of capital in the territory of Canada in a capacity that is supervisory, executive or involves essential skills. Canada shall grant temporary entry and issue an immigration formality for a period of up to one year to an Ecuadorian Investor. Extensions are possible.
The Ecuadorian Investor or the Investor’s enterprise must also have committed, or be in the process of committing, a substantial amount of capital in the territory of Canada.
The Ecuadorian Investor must comply with Canada’s immigration measures applicable to temporary entry and the issuance of an immigration formality.
D. Professionals
Canada’s commitments under this category apply to Ecuadorian business persons in the occupations identified below if Ecuador has made a reciprocal commitment in its Schedule for Professionals without reserving the right to impose or maintain an economic needs test.
Description of Category Conditions and Limitations (including length of stay)
Professional means a business person seeking to work in a covered occupation as set out below and has:
(a) a post-secondary degree of at least four years of study from a recognized institution as a minimum, and any additional requirements defined in Canada’s National Occupation Classification (NOC) or its successor; and
(b) four years of paid work experience in the sector of activity of the contract.
The following occupations are covered:
(a) Engineers;
(b) Agrologists;
(c) Architects;
(d) Forestry Professionals;
(e) Geomatics
Professionals/Geoscientists;
(f) Land Surveyors;
(g) Foreign Legal Consultants;
(h) Urban and Land Use Planners;
(i) Senior Computer; Specialists/Information and Communications Technology Professionals; and
(j) Physicists. Canada shall grant temporary entry and an immigration formality for a period of up to one year to an Ecuadorian Professional in one of the covered occupations under this category. Extensions are possible.
The Ecuadorian business person seeking to enter the territory of Canada as a Professional must provide evidence demonstrating, prior to entry, that their services have been contracted in the field for which they have the appropriate qualifications.
The Ecuadorian Professional must comply with Canada’s immigration measures applicable to temporary entry and the issuance of an immigration formality.
Canada reserves the right to impose a total annual quota of 500 immigration formalities for all Ecuadorian Professionals covered under this category of business person.
E. Spouses
Canada’s commitments under this category apply to Ecuadorian business persons if Ecuador has made a reciprocal commitment for Spouses in its Schedule.
Canada does not take commitments for dependants.
Description of Category Conditions and Limitations (including length of stay)
Canada shall grant temporary entry and provide an immigration formality, upon request, to the Spouse of a business person granted temporary entry under Section B, Section C, or Section D of this Schedule, if the Spouse complies with immigration measures applicable to temporary entry and, as appropriate, the issuance of an immigration formality.
Canada shall not require economic needs tests or other procedures of similar intent as a condition for temporary entry and the issuance of an immigration formality under this category.
The length of stay for a Spouse, including extensions, shall be the same as that of the business person they are accompanying.
Annex 19-A
Ecuador’s Schedule of Specific Commitments on Temporary Movement of Business Persons
1. The following sets out Ecuador’s commitments in accordance with Article 19.3 in respect of the temporary entry of business persons.
2. For greater certainty, Ecuador may make changes to its Temporary Resident Visa, or any subsequent visa regime to the extent these are not inconsistent with this Chapter.
A. Business Visitors
Ecuador’s commitments under this category apply to Canadian business persons if Canada has made a reciprocal commitment in its Schedule for Business Visitors, at the activity level, without reserving the right to impose or maintain an economic needs test or numerical restriction.
Description of Category Conditions and Limitations (including length of stay)
A Business Visitor is a business person seeking to engage in one of the following covered business activities:
Marketing
Market researchers and analysts conducting research or analysis independently or for an enterprise located in the territory of the other Party.
Trade Fairs and Exhibitions
Trade-fair and promotional personnel of a Party attending a trade convention.
Meetings and Consultations
Business persons of a Party attending meetings, seminars, or conferences, or engaged in consultations with business associates. Ecuador shall grant temporary entry for a period of up to 180 days to a Canadian business person seeking to enter Ecuador as a Business Visitor to engage in a covered business activity, without requiring that business person to obtain an employment authorization, on the condition that the business person provides proof of citizenship, evidence demonstrating that the proposed business activity is international in scope and the business person is not seeking to enter the local labour market.
The entry period may be granted only once in each 12-month period from the date of issuance.
The Canadian business person must demonstrate that:
(a) the primary source of remuneration for the proposed business activity is outside Ecuador´s territory; and
Research and Design
Technical, scientific, and statistical researchers conducting independent research or research for an enterprise located in the territory of the other Party.
Sales
Sales representatives and agents taking orders or negotiating contracts for goods or services for an enterprise located in the territory of the other Party but not delivering goods or providing services. This includes buyers purchasing goods or services for an enterprise located in the territory of the other Party.
Tourism
Tourism personnel of an enterprise located in the territory of the other Party, including tour and travel agents, tour guides, or tour operators, attending or participating in conventions, or conducting a tour that begins in the territory of the other Party.
Translation
Translators or interpreters performing services for an enterprise located in the territory of the other Party. (b) the Business Visitor’s principal place of business and the actual place of accrual of profits predominantly remain outside of Ecuador´s territory.
The proof that a Party may require to demonstrate the matters mentioned in subparagraph (b) shall be reasonable and not more burdensome than necessary.
The Canadian Business Visitor must comply with Ecuador’s immigration
measures applicable to temporary entry.
B. Intra-Company Transferees
Ecuador’s commitments under this category apply to Canadian business persons if Canada has made a reciprocal commitment in its Schedule for Intra-Company Transferees without reserving the right to impose or maintain an economic needs test or numerical restriction.
Description of Category Conditions and Limitations (including length of stay)
Intra-company transferee means a business person employed by an enterprise of the other Party who seeks to render services to that enterprise or its subsidiaries, branches, or designated affiliates established in the territory of Ecuador and who has been so employed for a period not less than one year immediately preceding the date of the application for temporary entry, and who is an executive, manager, or specialist as defined below:
(a) executive means a business person within an enterprise who primarily directs the management of the enterprise, exercises wide latitude in decision-making, and receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the enterprise;
(b) manager means a business person within an enterprise who primarily directs the enterprise or a department or sub-division of the enterprise, supervises, and controls the work of other supervisory, professional, or managerial employees; has the authority to hire and fire or recommend hiring, firing, or other personnel actions; and exercises discretionary authority over day-to-day operations; and Ecuador shall grant temporary entry and provide confirming documentation to a Canadian intra-company transferee, who otherwise complies with immigration measures applicable to temporary entry.
Ecuador shall grant the Canadian Intra-company transferees who enter Ecuador a period of stay of up to two years. Extensions are possible.
(c) specialist means a business person within an enterprise who possesses continued expertise and proprietary knowledge, at an advanced level, of the services, research, equipment, techniques, or management of the enterprise.
C. Investors
Ecuador’s commitments under this category apply to Canadian business persons if Canada has made a reciprocal commitment in its Schedule for Investors without reserving the right to impose or maintain an economic needs test or numerical restriction.
Description of Category Conditions and Limitations (including length of stay)
Investor means a business person seeking to establish, develop, administer, or provide advice or key technical services to the operation of an investment to which the business person or the business person’s enterprise has committed, or is in the process of committing, a substantial amount of capital, in a capacity that is supervisory, executive or involves essential skills. Ecuador shall grant temporary entry and provide confirming documentation to a Canadian Investor who otherwise complies with immigration measures applicable to temporary entry.
Ecuador shall grant the Canadian Investor who enters Ecuador a period of stay of up to one year. Extensions are possible.
The Canadian Investor or the Investor’s enterprise must also have committed, or be in the process of committing, a substantial amount of capital in the territory of Ecuador.
D. Professionals
Ecuador’s commitments under this category apply to Canadian business persons in the occupations identified below if Canada has made a reciprocal commitment in its Schedule for Professionals without reserving the right to impose or maintain an economic needs test.
Description of Category Conditions and Limitations (including length of stay)
Professional means a business person seeking to work in a covered occupation as set out below and:
(a) is engaged in a specialized occupation that requires theoretical and practical application of specialized knowledge; and
(b) possesses the necessary academic and professional qualifications to perform an occupation in accordance with the laws and regulations.
The following occupations are covered:
(a) Engineers
(b) Agrologists
(c) Architects
(d) Forestry Professionals
(e) Geomatics Professionals/Geoscientists
(f) Land Surveyors
(g) Foreign Legal Consultants
(h) Urban and Land Use Planners
(i) Senior Computer Specialists / Information and Communications Technology Professionals
(j) Physicist Ecuador shall grant temporary entry and provide confirming documentation to a Canadian Professional, provided that the business person otherwise complies with immigration measures applicable to temporary entry, on presentation of:
(a) documentation demonstrating, prior to entry, that their services have been contracted in the field for which they have the appropriate
qualifications; and
(b) post-secondary degree of at least four years of studies from a recognized institution as a minimum and at least four years of paid work experience.
A Canadian Professional who enters Ecuador shall be granted a period of stay of up to one year. Extensions are possible.
Ecuador reserves the right to impose an annual numerical restriction of 500 Canadian Professionals covered
under this category of business person.
E. Spouses
Ecuador’s commitments under this category apply to Canadian business persons if Canada has made a reciprocal commitment for Spouses in its Schedule.
Ecuador does not take commitments for dependants.
Description of Category Conditions and Limitations (including length of stay)
Ecuador shall grant temporary entry and provide confirming documentation, upon request, to the Spouse of a business person granted temporary entry under Section B, Section C, or Section D of this Schedule, if the Spouse complies with immigration measures applicable to temporary entry.
Ecuador shall not require economic needs tests or other procedures of similar intent as a condition for temporary entry and the issuance of an employment authorization under this category.
The length of stay for a Spouse, including extensions, shall be the same as that of the business person they are accompanying.
Chapter 20. TELECOMMUNICATIONS
Article 20.1: Definitions
For the purposes of this Chapter:
cost-oriented means based on cost, and may include a reasonable profit, and may involve different cost methodologies for different facilities or services;
end-user means a final consumer of or subscriber to a public telecommunications service, including a service supplier other than a supplier of public telecommunications services;
enterprise means an “enterprise” as defined in Article 1.7 (Initial Provisions and General Definitions – General Definitions) and a branch of an enterprise;
essential facilities means facilities of a public telecommunications network or service that:
(a) are exclusively or predominantly provided by a single or a limited number of suppliers; and
(b) cannot feasibly be economically or technically substituted in order to supply a service;
interconnection means linking with suppliers providing public telecommunications services to allow a user of one supplier to communicate with a user of another supplier and to access services provided by another supplier;
leased circuit means a telecommunications facility between two or more designated points that is set aside for the dedicated use of, or availability to, particular users;
licence means any authorisation that a Party may require of a person, in accordance with its laws and regulations, in order for that person to offer a telecommunications service, including concessions, permits or registrations;
major supplier means a supplier that has the ability to materially affect the terms of participation, having regard to price and supply, in the relevant market for public telecommunications services as a result of:
(a) control over essential facilities; or
(b) the use of its position in the market;
network element means a facility or equipment used in supplying a public telecommunications service, including features, functions and capabilities provided by means of that facility or equipment;
non-discriminatory means according treatment no less favourable than that accorded to any other user of like public telecommunications networks or services in like circumstances;
number portability means the ability of an end-user of public telecommunications services to retain the same telephone numbers when switching between suppliers of public telecommunications services;
physical co-location means access to space in order to install, maintain or repair equipment at premises owned or controlled and used by a major supplier to supply public telecommunications services;
public telecommunications network means telecommunications infrastructure used to provide public telecommunications services between and among defined network termination points;
public telecommunications service means a telecommunications service that a Party requires, explicitly or in effect, to be offered to the public generally that involves the real-time transmission of customer-supplied information between two or more points
without any end-to-end change in the form or content of the customer's information. This service may include telephone and data transmission;
reference interconnection offer means an interconnection offer extended by a major supplier and filed with, approved by or determined by a telecommunications regulatory body that sufficiently details the terms, rates and conditions for interconnection so that a supplier of public telecommunications services that is willing to accept it may obtain interconnection with the major supplier on that basis, without having to engage in negotiations with the major supplier concerned;
telecommunications means the transmission and reception of signals by electromagnetic means;
telecommunications regulatory body means any body or bodies responsible for the regulation of telecommunications;
user means an end-user or a supplier of public telecommunications services; and
virtual co-location means an arrangement whereby a requesting supplier that seeks co-location may specify equipment to be used in the premises of a major supplier but does not obtain physical access to those premises and allows the major supplier to install, maintain and repair that equipment.
Article 20.2: Scope
1. This Chapter applies to a measure of a Party affecting trade in public telecommunications services, including:
(a) a measure adopted or maintained by a Party in relation to access to and use of a public telecommunications service;
(b) a measure adopted or maintained by a Party relating to an obligation of a supplier of a public telecommunications service; and
(c) any other measure adopted or maintained by a Party relating to a public telecommunications service.
2. This Chapter does not apply to any measure affecting the cable or broadcast distribution of radio or television programming, except to ensure that a cable or broadcast service supplier have access to and use of public telecommunications networks and services.
3. This Chapter does not:
(a) require a Party to authorize an enterprise of the other Party to establish, construct, acquire, lease, operate, or supply a telecommunications network or service, other than that Party’s commitments under Chapter 16 (Cross-Border Trade in Services);
(b) require a Party, or require a Party to oblige an enterprise under its jurisdiction, to establish, construct, acquire, lease, operate, or supply a telecommunications network or service not provided to the public generally;