7. The Working Group shall report to the Commission and its future routing progress with regard to its work.
Review
8. The Commission shall review the implementation of this annex at least one (1) every three (3) years.
Chapter 14. Temporary Entry of Business Persons
1. Further to article 1.2 (objectives), this chapter reflects the preferential trading relationship between the parties; facilitate the mutual goal of the temporary entry of business persons in accordance with its national laws and the provisions of annexes 14.3.1 and 14.3.2 based on the principle of reciprocity, and the need to establish transparent criteria and procedures for temporary entry of business persons. Similarly, reflects the need to ensure border security and to protect the domestic labour force and permanent employment in their respective territories.
2. This chapter shall not apply to measures affecting natural persons of a party seeking access to the employment market of the other party 1, nor to measures regarding nationality, citizenship or permanent residence or employment on a permanent basis.
1. Each Party shall apply its measures relating to the provisions of this chapter in accordance with article 14 (1), and in particular the apply expeditiously so as to avoid unduly prejudice or delay trade in goods or services or conduct of investment activities under this Treaty.
2. For greater certainty, nothing in this chapter shall be construed to prevent a party from applying measures to regulate the entry of natural persons or their temporary stay in its territory, including those measures necessary to protect the integrity of and to ensure the orderly movement of natural persons across the same, provided that such measures are not applied in a manner as to impair or unduly delay trade in goods or services or the conduct of investment activities under this Treaty. The sole fact of requiring a visa for natural persons shall not be regarded as unduly impairing or impairment of trade in goods or services or investment activities under this Treaty.
1. In accordance with the provisions of this chapter Each Party shall grant temporary entry to business persons who comply with the immigration measures applicable to temporary entry and other measures relating to public health and safety and the
1 for greater certainty, this paragraph shall not nullify or impair its obligations under section C of annex 14.3.1.
National security in accordance with this chapter, including the provisions contained in annex 14.3.1 14.3.2 and annex.
2. Each Party shall establish the value of fees for processing applications for temporary entry of business persons, so as not to impair or unduly delay trade in goods or services or the conduct of investment activities under this Treaty and shall not exceed the administrative costs approximate.
3. An authorization of temporary entry under this chapter does not replace the requirements needed to carry out a profession or activity according to the specific rules in force in the territory of the party authorizing the temporary entry.
1. Further to article 16.2 (publication), and recognizing the importance of transparency to the Parties of temporary entry of business persons, each Party shall:
(a) The other party to provide materials such as will enable it to know its measures relating to this chapter; and
(b) No later than six (6) months after the date of Entry into Force of this Treaty; prepare and publish and make available materials, explaining the requirements for temporary entry of business persons, including references to applicable domestic law, under this chapter to business persons of the other party may know.
2. Each Party shall collect and maintain and make available to the other Party upon request and in accordance with their national legislation, information concerning the granting of authorisations for temporary entry of business persons under this chapter to the other party of business persons who have been issued immigration documentation to include specific information relating to each category in annex 14.3.1 authorised.
145:. Committee of Temporary Entry of Business Persons
1. The parties establish a committee on temporary entry of business persons (hereinafter referred to as the Committee), comprising representatives of each Party 2.
2 In the case of Guatemala representatives will be the Ministry of Economy, the Ministry of Labour and Social Security, the Ministry of Foreign Affairs and the General Directorate of Migration of the Ministry of the Interior, or their successors.
2. The functions of the Committee shall include, among other matters of mutual interest:
(a) Reviewing the implementation and administration of this chapter;
(b) Report to the Commission on the implementation and administration of this chapter, where appropriate;
(c) Establish procedures to exchange information on measures that affect the temporary entry of business persons under this chapter;
(d) Consider the development of measures to further facilitate temporary entry of business persons;
(e) The observance of the issues established under article 14.6; and
(f) Address any other matter related to this chapter.
3. Unless the parties agree otherwise, the Committee shall meet at least one (1) every three (3) years, on a date and with an agenda agreed by the parties. The parties determine cases where it may make extraordinary meetings.
4. Meetings may be conducted by any means agreed by the parties. If they are witnessing, alternately in the territory of each party and shall be based on the Party hosting the meeting.
5. Unless the parties agree otherwise, the Standing Committee shall establish its rules of procedure.
6. All decisions of the Committee shall be taken by mutual agreement.
146:. Cooperation
Taking into account the principles set out in article 14 (1), the Parties shall endeavour to the extent possible:
(a) Cooperate in strengthening the institutional capacity and promote technical assistance among migratory authorities;
(b) Exchanging information and experiences on regulations and implementation of programs and technology in the framework of migratory affairs, including those related to the use of biometric technology, advanced passenger information systems,
Frequent and passenger security of travel documents; and
(c) Endeavour to coordinate actively in multilateral fora to promote the facilitation of temporary entry of business persons.
1. A Party may not initiate proceedings under Chapter 15 (dispute settlement) of this Treaty, regarding a refusal of authorisation of temporary entry under this Chapter unless:
(a) The case concerns a recurrent practice; and
(b) The person affected business have exhausted, in accordance with the applicable national legislation, 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 one (1) year after the initiation of an administrative procedure and resolution has been delayed for reasons that are not attributable to the business person affected.
1. Nothing in this Treaty shall be construed to impose any obligation on a Party regarding its immigration measures, however, it shall apply the provisions of this chapter and the relevant provisions of Chapter 1 (initial and General definitions), Chapter 15 (dispute settlement), Chapter 16 (transparency), chapter 17 (Administration of the Agreement), chapter 18 (exceptions) and chapter 19 (Final provisions).
2. Nothing in this chapter shall be construed to impose obligations or commitments with respect to other chapters of this Treaty.
149:. Transparency In the Processing of Applications
1. Further to Chapter 16 (transparency), each Party shall establish or maintain appropriate mechanisms to respond to inquiries from interested persons in applications and procedures relating to the temporary entry of business persons.
2. Each Party shall, within a reasonable time in accordance with their national legislation, after considering the application of temporary entry is complete under its national law, inform the applicant of the decision concerning the application. At the request of the applicant, the Party shall endeavour to provide without undue delay information concerning the status of the application.
1410:. Definitions
For the purposes of this chapter:
Business activities means those legitimate activities of a commercial nature established and operated in order to gain market. Does not include the possibility of obtaining employment and wages or remuneration from a source of employment in the territory of a party;
Executive business means a person within an organisation who primarily directs the management of the organization exercises wide decision-making only or general supervision and receives direction from higher level executives, the Board of Directors and / or the stockholders of business;
Temporary entry means entry into the territory of a party by a person of the other party without the intent to establish permanent residence;
Specialist means an employee possessing specialized knowledge of the products or services, technical expertise of the company or an advanced level of expertise or knowledge of the processes and procedures of the company;
Business manager means a person within an organisation who primarily directs the organisation or a subdivision of the organization or department supervises and controls the work of other employees supervisors, professional or managerial, has the authority to hire and fire personnel or take other actions (such as promotion or authorisation leave), and exercises discretionary authority over day-to-day operations;
The business person means a national of a party who is engaged in trade in goods or services or investment activities; and
National means a National as defined in article 5 (definitions of general application), but does not include a permanent residents.
1. Each Party shall grant temporary entry to a business person intending to carry out any of the activities of business listed in Appendix 1 of this section, without requiring a work permit or authorisation to use, provided that such person, in addition to comply with existing immigration measures applicable to temporary entry, displays:
(a) Proof of nationality of a party;
(b) Documentation demonstrating that the business person will undertake any business activity set out in Appendix 1 of this section and bring the purpose of entry; and
(c) Evidence of the international character of the proposed business activity and that the business person is not intended to enter the local labour market.
2. Each Party shall provide that a business person complies with the requirements of subparagraph 1 (c) when'proving that:
(a) The primary source of remuneration for the proposed business activity is outside the territory of the party authorizing the temporary entry; and
(b) The principal place of business of such person and which are actually paid profits is predominantly outside the territory of the Party granting temporary entry.
A Party shall normally accept a declaration as to the principal place of business and the actual place where profits actually paid. In the event that the Party may require any additional verification in accordance with their national legislation, generally considered that there is sufficient evidence a letter from the employer or organization that represents showing the circumstances described in subparagraphs 2 (a) and 2 (b).
3. No party may:
(a) Requiring as a condition for authorizing temporary entry under paragraph 1, prior approval procedures or other procedures of similar effect; or
(b) Impose or maintain any numerical restriction to temporary entry in accordance with paragraph 1.
4. A Party may require a business person seeking temporary entry under this section to obtain a visa prior to entry.
Business activities covered under section to include:
1. Meetings and consultancy:
Business persons attending meetings or conferences, seminars, or engaged in consultations with business associates and consultancy services.
2. Research and design:
Technical, scientific and statistical researchers conducting independent research or research for an enterprise established in the territory of the other party.
3. Cultivation and production, manufacture:
Purchasing and production personnel, at managerial level, to undertake commercial operation for an enterprise established in the territory of the other party.
4. Marketing:
(a) Market researchers and analysts conducting independent research or analysis for an enterprise established in the territory of the other party.
(b) Staff of trade promotion attending trade fairs and conventions.
5. Sales:
(a) Sales representatives and agents taking orders or negotiating contracts for goods or services for an enterprise established in the territory of the other party but not delivering goods or providing services.
(b) Buyers purchasing for an enterprise which are established in the territory of the other party.
6. After-sales services:
Staff of installation, maintenance and repair, supervisors, with essential expertise to comply with the obligation of the seller; and to provide services or train workers to supply such services pursuant to a warranty or other service contract related to the sale of commercial or industrial equipment or machinery, including software acquired for an enterprise established outside the territory of the party requesting the temporary entry, during the life of the warranty or service contract "/> 7. General services:
(a) Management and supervisory personnel engaging in commercial operation for an enterprise located in the territory of the other party.
(b) Staff of public relations and advertising to provide advice to customers or attending or participating in conventions.
(c) Tourism personnel (travel agents and tour guides, tourist or tour operators) attending or participating in conventions.
(d) Kitchen skilled personnel participating in or attending gastronomic events and exhibitions, train or provide advice to clients related to the catering in the territory of the other party.
(e) Translators and interpreters supplying services as employees of an enterprise located in the territory of the other party except services in accordance with the legislation of the party authorising the temporary entry must be supplied by authorised translators.
(f) Service providers of information and communication technologies attending meetings, seminars and conferences or carrying out consultancy services.
(g) Traders and advisers in the development of franchises wishing to provide services in the territory of the other party.
1. Each Party shall grant temporary entry issue and supporting documentation centre and the business person who intends 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 or administration 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 in accordance with national legislation,
Provided that the business person complies with immigration measures
Existing 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 a numerical restriction relating to temporary entry under paragraph 1.
3. A Party may require a business person seeking temporary entry under this section to obtain a visa prior to entry.
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 who is transferred to serve as a senior manager or a specialist in that enterprise or one of its subsidiaries, affiliates or 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 (1) year within three (3) years immediately preceding the date of submission of the request.
2. Each Party may require the adoption of contract by the competent authority, as a condition for authorizing temporary entry.
3. For greater certainty, nothing in this section shall be construed to mean that affects the labour legislation or the performance of each party.
4. For greater certainty, in accordance with their national legislation, a Party may require the person transferred to provide business services under subordinate to the enterprise.
5. A Party may require a business person seeking temporary entry under this section to obtain a visa prior to entry.
Section D. Professional
(1) Within one year from the Entry into Force of this Treaty, the parties shall commence consultations with a view to deepening their commitments under this Treaty in section of professionals.
Annex 14.3.2 retention periods:
1. A business visitor of:
It gives a period of stay for up to 90 days.
2. Traders and investors:
It gives the period of stay set by the applicable national legislation.
3. Transfers within an enterprise:
It gives a period of stay for up to one year, renewable until the maximum possible in accordance with the provisions of the applicable domestic law.
1. A business visitor of:
It gives a period of stay for up to one hundred and eighty three days (183).
2. Traders:
It gives a period of stay for up to one hundred and eighty three days (183).
3. Investors:
(a) Investors in the process of committing an investment: granted a period of stay for up to one hundred and eighty three days (183).
(b) Independent: granted a period of stay for up to one year, renewable for consecutive periods when requested, to the extent that it maintains conditions justifying its award.
4. Transfers within an enterprise:
It gives a period of stay for up to one year, renewable for consecutive periods when requested, to the extent that it maintains conditions justifying its award.
Chapter 15. Settlement of Disputes
151:. Cooperation
The Parties shall at all times endeavour to agree on the interpretation and application of this Treaty and shall make every effort through cooperation and consultations or other means, to reach a mutually satisfactory resolution of any matter that might affect its operation.
152:. Scope
Unless the treaty provides otherwise, the dispute settlement provisions of this chapter shall apply to the avoidance or settlement of disputes between the parties concerning the interpretation or application of this Treaty, or when a Party considers that:
(a) An existing or proposed measure of the other party could be inconsistent with the obligations of this treaty; or
(b) The other party has breached in any way with the obligations of this Treaty.
1. In the event of any dispute arising under this Agreement and under another Free Trade Agreement to which the contending parties are party or the WTO Agreement, the complaining party may select the forum in which to settle the dispute.
2. Once the complaining party has requested the establishment of a panel under one of the treaties referred to in paragraph 1. the Forum selected shall be exclusive of the other.
1. A Party may request in writing to the other party for consultations regarding any existing or proposed measure or any other matter that may affect the operation of this Treaty in accordance with Article 15.2.
2. The requesting Party shall seek to initiate consultations by means of a written request to the other party, and give the reasons for the request including identification of the measure or other matter at issue and an indication of the legal basis of the complaint.
3. The other Party shall respond in writing, and except as provided in paragraph 4 shall enter into consultations with the requesting party within a period of thirty (30) days from the date of receipt of the request, unless the parties agree otherwise.
4. In cases of urgency including those concerning perishable goods or goods or services that rapidly lose their commercial value, such as certain seasonal goods or services, consultations shall begin within fifteen (15) days from the date of receipt of the request by the other party.
5. The requesting Party may request the other party to make available personnel of its government agencies or other regulatory bodies who have expertise in the matter subject to consultations.
6. The Parties shall make every effort to reach a mutually satisfactory resolution of any matter through consultations under this article. For this purpose, each Party shall:
(a) Provide sufficient information to enable a full examination of the existing or proposed measure or any other matter that may affect the operation and application of this Treaty; and
(b) The confidential or proprietary information received in the course of consultations on the same basis as the party providing the information.
7. The consultations shall be confidential and without prejudice to the rights of the parties in proceedings established under this chapter.
8. Consultations may be held in person or by any technological means agreed by the parties. In the event that the consulting either face-to-face, the same should be held in the capital of the Party, unless the parties agree otherwise.
1. Unless the parties agree otherwise, and without prejudice to paragraph 5, if a matter referred to in article 15.4 has not been resolved within:
(a) Forty (40) days after receipt of the request for consultations;
(b) 25 days after receipt of request for consultations for the matters referred to in article 15.4.4; or
(c) Any time period that the parties agree to consultants, the complaining party may refer the matter to a panel.
2. The complaining party shall transmit to the other party a written request for the establishment of a panel in which must indicate the reason for the request shall identify the specific measure or other matter that is the subject of the complaint and provide a brief summary of the legal basis of the complaint sufficient to present the problem clearly.
3. The submission of the request, means that the Panel has been established.
4. Unless the parties agree otherwise, the Panel will be integrated and perform its functions in accordance with the provisions of this chapter.
5. A panel may not be established to review a proposed measure.