persons engaged in a specialty occupation: a national of a Party who is engaged in a specialty occupation that requires:
(a) the theoretical and practical application of a body of specialized knowledge, and.
(b) the attainment of a post-secondary degree or university degree, which requires 4 years or more of study (or the equivalent of such degree) as a minimum for the practice of the occupation;
remuneration: any receipt or income received for the rendering of a subordinate or independent personal service; and
technician: the national of a Party who carries out a specialized occupation that requires:
(a) the theoretical and practical application of a body of specialized knowledge, and.
(b) the attainment of a post-secondary or technical degree requiring at least 2 years or more of study (or the equivalent of such a degree) for the practice of the occupation.
Article 13.2. General Principles
In addition to the provisions of Chapters 1 (Initial Provisions) and 2 (General Definitions), this Chapter reflects the preferential commercial relationship that exists between the Parties, the convenience of facilitating the temporary entry of business persons in accordance with the principle of reciprocity, and the need to establish transparent criteria and procedures to that effect. It also reflects the need to ensure border security and to protect the national labor force and permanent employment in their respective territories.
Article 13.3. Scope of Application
1. This Chapter shall apply to measures regulating the entry, temporary stay, and departure of nationals of a Party entering the other Party for business purposes.
2. This Chapter shall not apply to measures regulating natural persons of a Party seeking access to the labor market of the other Party, nor to measures relating to citizenship, nationality, permanent residence, or permanent employment.
Article 13.4. General Obligations
1. Each Party shall apply the measures relating to the provisions of this Chapter in accordance with Article 13.2 and, in particular, shall apply them expeditiously to avoid undue delay or prejudice to trade in goods and services or to investment activities covered by this Agreement.
2. The Parties shall endeavor to develop and adopt common criteria, definitions, and interpretations for the application of this Chapter.
3. This Chapter shall not prevent a Party from applying measures to regulate the entry of nationals of the other Party into its territory, including those measures necessary to protect the integrity and ensure the orderly movement of persons across its borders.
4. Nothing in this Chapter shall be construed to prevent a Party from imposing a visa or equivalent document requirement for nationals of the other Party.
Article 13.5. Temporary Entry Authorization
1. In accordance with the provisions of this Chapter, including that contained in Annex 13.5, each Party shall authorize temporary entry for business persons who comply with existing immigration measures applicable to temporary entry, and other applicable measures relating to public health and safety, as well as those relating to national security.
2. Without prejudice to applicable national legislation, a Party may deny temporary entry to a business person where temporary entry would adversely affect:
(a) the settlement of any ongoing labor dispute at the place where he is employed or is to be employed; or
(b) the employment of any person involved in that dispute.
3. Authorization for temporary entry under this Chapter does not replace the requirements for the exercise of a profession or activity in accordance with the specific regulations in force in the territory of the Party authorizing temporary entry.
4. Each Party shall ensure that the fees charged by its competent authorities for processing applications for entry and temporary stay of business persons of the other Party take into account the administrative costs involved in such processing.
Article 13.6. Provision of Information
1. In addition to Article 17.3 (Publication), and recognizing the importance to the Parties of transparency of information on temporary entry, each Party shall, after the date of entry into force of this Agreement, make available, through electronic means or otherwise, information on its measures relating to this Chapter.
2. Each Party shall collect, maintain and make available to the other Party, upon request, information regarding the granting of temporary entry authorizations pursuant to this Chapter to business persons of the other Party who have been issued immigration documentation. This collection shall include, to the extent possible, information for each authorized category.
Article 13.7. Dispute Settlement
1. A Party may not initiate proceedings under Chapter 18 (Dispute Settlement) with respect to a refusal of temporary entry authorization under this Chapter unless:
(a) the matter concerns a recurring practice; and
(b) the affected business person has exhausted available administrative remedies with respect to that particular matter. The administrative remedies referred to do not include judicial remedies.
2. The administrative remedies referred to in subparagraph 1 (b) shall be deemed to have been exhausted where the competent authority has not issued a final decision within 1 year from the commencement of the administrative procedure and the decision has not been delayed for reasons attributable to the business person concerned.
Article 13.8. Relationship to other Chapters
1. Nothing in this Agreement shall impose any obligation on the Parties with respect to their migration measures except as provided in this Chapter and Chapters 1 (Initial Provisions), 2 (General Definitions), 16 (Transparency), 17 (Treaty Administration), 18 (Dispute Settlement), and Chapter 20 (Final Provisions).
2. Nothing in this Chapter shall be construed to impose any obligations or commitments with respect to other Chapters of this Agreement.
Annex 13.5. TEMPORARY ENTRY OF BUSINESS PERSONS
Section A. Business Visitors
1. Each Party shall authorize the temporary entry of a business person who intends to carry out a business activity referred to in Appendix 13.5.1, without any requirements other than those established by the immigration measures in force applicable to temporary entry, provided that he or she exhibits:
(a) proof of nationality of a Party;
(b) documentation showing that the business person will engage in any business activity set forth in Appendix 13.5.1 and indicating the purpose of entry; and
(c) proof of the international character of the business activity proposed to be undertaken and that the person does not intend to enter the local labor market.
2. Each Party shall stipulate that a business person meets the requirements set out in subparagraph 1(c) where it demonstrates that:
(a) the source of remuneration for that activity is outside the territory of the Party authorizing temporary entry, and.
(b) the principal place of business and the place where most of the profits are actually earned is outside the territory of the Party authorizing temporary entry.
For the purposes of this paragraph, the Party authorizing temporary entry shall normally accept a declaration as to the principal place of business and the place where most of the profits are derived. Where the Party requires additional verification, a letter from the employer stating such circumstances shall normally be considered sufficient evidence.
No Party may:
(a) require, as a condition for authorizing temporary entry pursuant to paragraph 1, prior approval procedures, petitions, proof of labor certification or other procedures of similar effect; or
(b) impose or maintain numerical restrictions on temporary entry pursuant to paragraph 1.
4. Notwithstanding paragraph 3, a Party may require a business person requesting temporary entry under this Section to obtain a visa or equivalent document prior to entry.
Section B. Traders and Investors (1)
1. Each Party shall authorize temporary entry for a business person exercising supervisory, executive or specialized knowledge functions, provided that the person also complies with the immigration measures in force applicable to temporary entry and intends to:
(a) carry on a substantial commercial exchange of goods or services, principally between the territory of the Party of which the business person is a national and the territory of the other Party from which entry is sought; or
(b) to establish, develop, manage, or provide key technical advice or services to manage an investment in which the person or its enterprise has committed, or is in the process of committing, a substantial amount of capital.
2. No Party may:
(a) require proof of labor certification or other procedures of similar effect as a condition for authorizing temporary entry under paragraph 1, or.
(b) impose or maintain numerical restrictions on temporary entry under paragraph 1.
Notwithstanding paragraph 2, a Party may require a business person requesting temporary entry under this Section to obtain a visa or equivalent document prior to entry.
Section C. Transfers of Personnel Within an Enterprise (2)
1. Each Party shall authorize temporary entry and issue supporting documentation or other authorization, subject to the applicable national legislation of each Party, to a business person, employed by a company legally incorporated and operating in its territory, who intends to perform managerial or executive functions, involving specialized knowledge, or a management trainee in training in that company or in one of its subsidiaries, affiliates or parent company, provided that he or she complies with the immigration measures in force applicable to temporary entry.
2. No Party may:
(a) require proof of labor certification or other procedures of similar effect as a condition for authorizing temporary entry under paragraph 1, or.
(b) impose or maintain numerical restrictions on temporary entry under paragraph 1.
Notwithstanding paragraph 2, a Party may require a business person requesting temporary entry under this Section to obtain a visa or equivalent document prior to entry.
Section D. Persons Engaged In a Specialty Occupation (3)
1. Each Party shall authorize temporary entry and issue the applicable immigration documentation to a business person who intends to carry out activities, in accordance with the national legislation of the Party, as a person engaged in a specialty or technical occupation, under a subordinate or independent relationship, or to perform training functions related to a particular specialty or technical occupation, including conducting seminars, when the business person, in addition to complying with the current immigration requirements applicable to temporary entry, exhibits:
(a) proof of nationality of a Party;
(b) documentation showing that the person will undertake such activities and stating the purpose of entry; and
(c) documentation that such person possesses the relevant minimum academic requirements or alternative qualifications.
2. No Party may:
(a) require proof of labor certification or other procedures of similar effect as a condition for authorizing temporary entry under paragraph 1, nor.
(b) impose or maintain numerical restrictions on temporary entry under paragraph 1.
3. For greater certainty, the temporary entry of a person under this Section does not imply the recognition of qualifications or certificates, nor the granting of licenses for the conduct of his or her business.
Time Limits for Entry and Temporary Stay of Business Persons
Mexico
For the purposes of entry and temporary stay under Sections A, B, C and D, a stay of up to 180 days will be authorized without being renewable.
Panama
In the case of Panama, the length of stay is established on a discretionary basis by the National Immigration Service within the following time periods:
Section A: Business Visitors.
Term of up to 90 days, renewable up to the maximum possible duration in accordance with the applicable provisions in force.
Section B: Traders and Investors
1. Term of up to ninety 90 days, renewable up to the maximum possible duration in accordance with the applicable provisions in force.
2. In the case of investors seeking to develop or manage an investment, they shall be granted the period of stay established by the applicable national immigration legislation.
Section C: Transfers of Personnel within a Company
Term of up to 180 days, renewable up to the maximum possible duration in accordance with the applicable provisions in force.
Appendix 13.5.1. BUSINESS VISITORS
Research and Design
- Technical, scientific and statistical researchers conducting research independently or for an enterprise established in the territory of the other Party.
Cultivation, manufacturing and production
- Purchasing and production personnel, at management level, conducting business operations for an enterprise established in the territory of the other Party.
- Specialized services previously agreed or contemplated in a contract for the transfer of technology, patents and trademarks, purchase and sale of machinery and equipment, technical training of personnel or any other production process of an enterprise established in the territory of the other Party.
Marketing
- Market researchers and analysts who conduct research or analysis independently or for an enterprise established in the territory of the other Party.
- Trade fair and promotional personnel attending trade conventions.
Sales
- Sales representatives and sales agents who take orders or negotiate contracts for goods and services for an enterprise established in the territory of the other Party, but do not deliver the goods or provide the services.
- Buyers making purchases for an enterprise established in the territory of the other Party.
Post-sale services
- Installation, repair, maintenance, and supervisory personnel who have the technical expertise essential to fulfill the seller's contractual obligation; and who provide services, or train workers to provide such services, under a warranty or other service contract in connection with the sale of commercial or industrial equipment or machinery, including computer software purchased from an enterprise established outside the territory of the other Party, but who do not deliver goods or provide services.
The Party from which temporary entry is requested, during the term of the warranty or service contract.
Management and Supervision
- Management and supervisory personnel engaged in business operations for an enterprise established in the territory of the other Party.
Business Consultants
- Consultants engaged in business activities at the cross-border service provision level.
Financial Services
- Financial services personnel involved in commercial operations for an enterprise established in the territory of the other Party.
Public Relations and Advertising
- Public relations and advertising personnel providing advice to clients or attending or participating in conventions.
Tourism
- Tourism personnel (tour and travel agents, tour guides or tour operators) who attend or participate in conventions or conduct an excursion that has been initiated in the territory of the other Party.
Chapter 14. ELECTRONIC COMMERCE
Article 14.1. Definitions
For the purposes of this Chapter, the following definitions shall apply:
electronic commerce: any agreement, transaction, or exchange of information for commercial purposes in which the Parties interact using the Internet or other information and communications technologies;
personal data: any information about an identified or identifiable natural person; and
digital products: computer programs, text, video, images, sound recordings, and other products that are digitally encoded. (1)
Article 14.2. Scope of Application
This Chapter shall apply to measures to promote electronic commerce, without prejudice to the provisions on services and investment that are applicable under this Agreement.
Article 14.3. General Provisions
1. The Parties recognize the economic growth and opportunities provided by electronic commerce, in particular for businesses and consumers; as well as the potential for increasing international trade; and therefore undertake to intensify their cooperation on electronic commerce for their mutual benefit.
2. Considering the potential of electronic commerce as an instrument of social and economic development, the Parties recognize the importance of:
(a) the clarity, transparency and predictability of their domestic regulatory frameworks to facilitate, to the greatest extent possible, the development of electronic commerce;
(b) promote self-regulation in the private sector to foster confidence in electronic commerce, taking into account the interests of users, through initiatives such as industry guidelines, model contracts, codes of conduct, and trust seals;
(c) technological compatibility, innovation, and competition to facilitate electronic commerce;
(d) promoting national e-commerce policies that take into account the interest of all users, including businesses, consumers, nongovernmental organizations, and relevant public institutions;
(e) facilitate the use of electronic commerce by micro, small, and medium-sized enterprises;
(f) promote confidence in a secure environment for users of electronic commerce, taking into account international practices for the protection of personal data; and
(g) avoid unnecessary barriers to the use and development of electronic commerce.
3. Each Party shall endeavor to adopt measures to facilitate electronic commerce.
4. The Parties recognize the importance of avoiding unnecessary barriers to electronic commerce. Taking into account its domestic policy objectives, each Party shall endeavor to avoid measures that are intended to limit trade conducted by electronic means in a more restrictive manner than trade conducted by other means.
Article 14.4. Customs Duties
No Party may apply customs duties, fees, or charges on the import or export by electronic means of digital products.
Article 14.5. Transparency
Each Party, in accordance with its domestic legislation in force, shall make publicly available its laws, regulations, procedures, and administrative decisions of general application that relate directly or indirectly to electronic commerce.
Article 14.6. Consumer Protection
1. The Parties recognize the importance of maintaining and adopting transparent and effective measures to protect consumers from fraudulent and deceptive commercial practices in electronic commerce.
2. The Parties shall promote, to the extent possible, alternative mechanisms for the resolution of cross-border disputes by electronic means and for consumer protection in cross-border electronic transactions.
Article 14.7. Paperless Trade Administration
1. Each Party shall endeavor to make all documents for the administration of cross-border trade publicly available in electronic form.
2. Each Party shall promote the recognition of trade administration documents submitted electronically in accordance with its domestic law as the legal equivalent of the paper version of such documents.
Article 14.8. Protection of Personal Data
The Parties shall encourage the adoption or maintenance of laws and regulations for the protection of personal data of users of electronic commerce. The Parties shall take into consideration existing international practices in this area.
Article 14.9. Authentication and Certification
1. No Party shall adopt or maintain legislation on electronic authentication that prevents the parties to a transaction conducted by electronic means from having the opportunity to prove before the appropriate judicial or administrative authorities that such electronic transaction complies with the authentication requirements established in its domestic law.
2. The Parties shall promote the use of electronic authentication mechanisms, in accordance with international standards. For this purpose, they may consider the recognition of electronic signature certificates, which may be advanced or qualified as appropriate, issued by duly accredited certification service providers, in accordance with the procedure determined by their national legislation.
Article 14.10. Cross-Border Flow of Information
Each Party shall allow its persons and the persons of the other Party to transmit electronic information to and from its territory, when required by such person, in accordance with applicable legislation on the protection of personal data and taking into consideration international practices.