Article 10.21. Review
For the purpose of attaining the objectives of this chapter the Parties shall evaluate annually, taking into account the development and regulation of trade in services in each of the Parties, as well as the progress made in this area in the World Trade Organization and other fora.
When deciding on the need to review this chapter, the parties shall work in the framework of the Committee on Trade in Services, paying a report to the Council for the decision of the Parties.
ANNEX ARTICLE 10.03 PROFESSIONAL SERVICES
Article 1. Definitions
Professional means a natural person who has received a university degree as a result of higher education and credited to carry out a profession;
Professional services means services that require higher education to be supplied and which is authorised or regulated in each case by a party but does not include services supplied by persons practising a trade, or to the crews of vessels and aircraft;
Professional practice means the realization of any act or the supply of any service of each profession authorisation in accordance with the legislation of each party;
Higher education means any education which has led to a degree conferred by an establishment of higher education and training which contains a level equivalent training;
Recognition of qualifications means the acceptance by the Government and / or non-governmental body as competent by a party, the qualification obtained by a professional of another party;
Licences for the performance refers to the authorization granted to a professional, by governmental and / or non-governmental bodies of a party to the profession of title recognized within its territory.
Article 2. Object
The purpose of this annex is to establish the rules to be observed by the parties to harmonize measures that will regulate the recognition of qualifications and the provision of professional services including through:
a) The mutual recognition of diplomas for the exercise of professional and academic degrees with certificates; or
The licensing of professional practice.
Article 3. Recognition of Certificates
Where a party recognise unilaterally or by agreement with another State, qualifications obtained in the territory of the other party or of any non-party:
a) Nothing in Article 1004 of chapter X (trade in services), shall be construed as requiring a party to recognition of qualifications obtained in the territory of the other party; and
b) A Party shall provide to the other party, the opportunity to demonstrate that the qualifications obtained in the territory of that other party should also be recognized or to conclude an agreement or arrangement or having equivalent effect.
Article 4. Basis for the Recognition of Qualifications and Licences for the Professional Practice
The parties agree that the processes of mutual recognition of qualifications and licensing of professional practice, shall be made on the basis of improving the quality of professional services through the establishment of standards and criteria for those processes, while protecting consumers and safeguarding the public interest.
The Parties shall encourage the relevant agencies, inter alia, to the competent governmental authorities and professional associations and bodies to:
Make such criteria and standards; and
Formulate and to provide recommendations on mutual recognition of professional qualifications and licensing of professional practice.
Set standards and criteria referred to in paragraph 1 above, it may consider the legislation of each country and indicative elements: education; examinations; experience; conduct and ethics; professional development and recertification; scope of action; local knowledge; monitoring and consumer protection.
The Parties shall provide detailed necessary information to the recognition of qualification and licensing of professional practice, including for academic courses, guides and materials, fees, dates of examinations, schedules,
Locations, participation in companies and / or professional associations. This information shall include the laws, regulations and measures of general application of central and those developed by governmental and non-governmental institutions.
Article 5. Adoption of Recommendations
Based on the recommendations received by the parties and to the extent that they are consistent with the provisions of this Treaty, of the GATS Article VII of the WTO Agreement, as well as the results of the negotiations on professional services in the World Trade Organization, the Parties shall ensure that the competent authority takes such recommendations.
Article 5. Revision
The Parties shall review, at least annually the implementation of the provisions of this annex.
Chapter XI. Temporary Entry of Business Persons
Article 11.01. Definitions
For purposes of this chapter:
Labour certification: It is the procedure conducted by the competent administrative authority to determine whether an alien individual from a party seeking temporary entry into the territory of another party displaces domestic labour force in the same sector or significantly affects the working conditions;
Temporary entry means business entry by a person of a Party in the territory of the other party without the intent to establish permanent residence;
Immigration measure means any measure relating to migration;
Business person means a national of a party who is engaged in trade in goods or services or investment activities;
Recurrent practice: a practice carried out by the immigration authorities in the form of a Party representative repetitive during a relevant period and immediately to the implementation thereof;
Business activity: legitimate commercial activities nature established and operated in order to gain market. It does not include the possibility of obtaining employment and wages or remuneration from a source of the Parties;
Force: the quality of compulsory legislative regulations of the Parties at the time of Entry into Force of this Treaty;
Authorisation to use: for purposes of paragraph 1 of section A, a written permission granted by the competent administrative authority of a party to an individual national of another party who are allowed to work in salaried employment in the territory of the authorizing Party;
Specialized knowledge essential to the enterprise: for purposes of paragraph 1 of section C, if an individual has expertise on the good or service offered by the company, or has a high level of knowledge on the processes and procedures of the enterprise;
In the process of committing a substantial amount of capital: for purposes of paragraph 1 of section B, when funds are irrevocably directed towards investment in such a way that it is irreversible;
Oversight functions: for purposes of paragraph 1 of section B, those functions in which the individual has oversight responsibilities of a substantial part of the operations of an enterprise and does not involve the monitoring of employees of low level;
Executive functions: for purposes of paragraphs 1, sections B and C, those functions within an organization under which the individual is primarily the following responsibilities:
a) The direct management of the organization or a component or function within it;
b) Establishing the policies and objectives of the Organization, component or function; or
c) Receiving supervision or general direction from only executives in a higher level, the Board of Directors or the Administrative Council of the Organization or shareholders;
Managerial functions: for purposes of paragraph 1 of section C, those functions within an organization under which the individual is primarily the following responsibilities:
a) Managing the organization or an essential function within it;
b) Supervising and controlling the work of other professional employees, supervisors or administrators;
c) Having the authority to dismiss or to engage and recommend these actions, as well as other with respect to the management of personnel being directly supervised by the individual and implement a senior functions within the Organization hierarchy or functions related to his position; or
d) Implementing actions under its discretion with regard to the daily operation of the function over which this person has the authority;
Functions involving essential skills: for purposes of paragraph 1 of section B, where an individual with specialized knowledge or skills own that are essential for the effective operation of the enterprise. The individual should be used in a position of responsibility that requires independent trial, creativity, training or supervision of other employees and shall not be used for routine that may be implemented by skilled labour. It shall have a high level of qualification and experience in the operation of the company.
Article 11.02. General Principles
The provisions of this chapter reflects the preferential trading relationship between the parties, whether to facilitate the temporary entry of business persons and the need to establish transparent criteria and procedures for this purpose. It also reflects the need to ensure border security and to protect the work of its nationals and permanent employment in their respective territories.
Article 11.03. General Obligations
1. Each Party shall apply its measures relating to this chapter in accordance with article 11.02, in particular the apply expeditiously to avoid undue delay or damages in trade in goods and 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.
3. Each Party may modify its immigration measures, provided that they do not impair the commitments under this chapter.
Article 11.04. 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. Each 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 he 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.
5. The temporary entry of a business person not authorize the professional practice.
Article 11.05. Availability of Information
1. Each Party shall:
a) The other Party shall provide information to enable them to know measures relating to this chapter; and
b) Not later than twelve (12) months after the date of Entry into Force of the Treaty, shall publish and make available in its territory and the other party a consolidated document explaining the
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.
Article 11.06. Committee of Temporary Entry of Business Persons
1. The parties establish a committee on temporary entry of business persons, consisting of representatives, including migration officials.
2. The Committee shall meet, initially by six (6) months after the date of Entry into Force of this Treaty and at least once each year to consider:
a) The implementation and administration of this chapter;
b) The development of measures to further facilitate temporary entry of business persons; and
c) The proposed modifications or additions to this chapter.
Article 11.07. Settlement of Disputes
1. The Parties shall not initiate the procedures laid down in article 16.07 related to council intervention, good offices, conciliation and mediation regarding a refusal of authorisation of temporary entry under this chapter or a particular case covered by article 11.03, except that:
a) The case concerns a recurrent practice; and
b) The affected person has 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 twelve (12) months after the beginning of the Administrative Procedure and the determination is not attributable to delay caused by the business person.
Article 11.08. Relationship to other Chapters
Except as provided in this chapter and chapters of this treaty provisions and general definitions (initial publication, notification and guarantees and legality, dispute settlement and Final Provisions), no provision of this Agreement shall impose any obligation on a Party regarding its immigration measures.
ANNEX ARTICLE 11.04 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 a company or business enterprise claims; to carry out any activity explicitly mentioned in the appendix to this section, 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 to 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 it proves :
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. For purposes of paragraph 2, each Party shall normally accept a declaration as to the principal place of business and obtaining the profits. when a party requires additional verification sufficient evidence, may consider a letter from the employer recorded in the Register of Companies bilateral showing the circumstances.
4. Each Party shall grant temporary entry to a business person seeking to carry out a business activity other than those set out in appendix to this section on terms no less favourable than those provided for in the legislation on migration and aliens, provided that the business person complies with existing immigration measures applicable to temporary entry.
5. No party may:
a) Require as a condition for a temporary entry authorizing under paragraph 1, prior approval procedures, requests, labour certification tests or other procedures of similar effect; and
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 equivalent document. The Parties shall consult each other to avoid and / or eliminate visa requirements or equivalent document.
Section B. Investors
1. Each Party shall grant temporary entry and provide documentation to a business person seeking to 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 have committed or are in the process of committing a substantial amount of capital, provided that the person complies with immigration measures applicable to temporary entry.
2. No party may require labour certification tests or other procedures of similar effect as a condition for authorizing 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 established in its territory, that seeks to perform managerial, executive or involves specialized knowledge to that enterprise or a subsidiary or affiliate, provided that such person and such enterprise complies with existing immigration measures applicable to temporary entry. Each Party may require that the person to have been continuously employed by the Enterprise for one year within three (3) years immediately preceding the date of submission of the request.
2. No party may require labour certification tests or other procedures of similar effect as a condition for authorizing 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. The Parties shall consult each other to avoid and / or eliminate visa requirements or equivalent document.
Research and design
Technical, scientific and statistical researchers conducting independent research or for an enterprise established in the territory of the other party.
Cultivation, production and manufacturing
Purchasing and production personnel, at managerial level, to undertake commercial operation for an enterprise established in the territory of the other party.
Marketing
Researchers conducting research or analysis, including market analysis, independently or for an enterprise established in the territory of the other party.
Fairs and promotional personnel attending a trade conventions.
Sales
Sales representatives and agents to lift orders or negotiating contracts for goods and services for an enterprise established in the territory of the other party but not delivering goods or providing services;
Buyers making adquisitions for an enterprise established in the territory of the other party.
Distribution
Customs agents to provide advisory services to facilitate the import or export of goods.
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 by a company located outside the territory of the Party to which it seeks temporary entry, during the life of the warranty or service agreement.
General services
Management and supervisory personnel engaging in commercial operation for an enterprise established 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.
Translators and interpreters performing services as employees of a company established in the territory of the other party.
Chapter XII. Government Procurement
Article 12.01. Definitions
For purposes of this chapter:
Goods of another Party: all products falling within the scope of article 12.04;
Contracts for construction services: a contract for the realization by whatever means of civil works, infrastructure and buildings;
Technical specification means a specification which lays down the characteristics of goods or related processes and production methods, or the characteristics of a service or their related methods of operation, including any applicable administrative provisions. It may also include requirements or deal exclusively of terminology, symbols, packaging, marking or labelling applicable to a good process, or production method or operation;
Supplier means a person who has filled or could provide goods or services in response to the invitation to tender;
Locally established supplier: that includes a natural person resident in the territory of a party to an enterprise organized or constituted under the law of that Party and a branch or representative office located in the territory of that Party;
Basis: document containing the information necessary to facilitate uniform to all bidders preparing their tenders in equal conditions. It must contain the general conditions and technical specifications required for qualification requirements and criteria for comparing tenders.
Article 12.02. Scope
1. The provisions contained in this Chapter establishes the general principles for the entities of each party in its procurement procedures.
2. This chapter shall apply to measures that a party adopts or maintains with respect to purchases of all the:
A central government entities;
Government enterprises;
Decentralized institutions, decentralized, autonomous or semi-autonomous; and
Municipalities.