The Party will normally accept an oral statement as to the principal place of business and place of profit. Where the Party requires additional verification, it will normally consider a letter from the employer stating such circumstances as sufficient evidence.
3. Each Party shall authorize the temporary entry of a business person who intends to engage in any activity other than those listed in Appendix 13.4-A, without requiring employment authorization, on terms no less favorable than those provided for in the existing provisions listed in Part Il of this Annex, provided that such business person also complies with the existing immigration measures applicable to temporary entry.
4. No Party may:
a) require, as a condition for authorizing temporary entry under paragraph 1 or 3, prior approval procedures, petitions, proof of labor certification or other procedures of similar effect; or
b) impose or maintain numerical restrictions in connection with temporary entry pursuant to paragraph 1 or 3.
5. Notwithstanding paragraph 4, a Party may require a business person requesting temporary entry under this Section to obtain a visa or equivalent document prior to entry. B e fo re imposing the visa requirement the Party shall consult with the other Party whose business persons would be affected in order to avoid the application of the requirement. Where a visa requirement exists in a Party, at the request of the other Party, consultations shall be held with a view to eliminating it.
Section B. Traders and Investors
1. Each Party shall authorize the temporary entry and grant the corresponding documentation to the intended business person:
a) to engage in substantial trade in goods or services between the territory of the Party of which he is a national and the territory of the Party from which he seeks entry; or
b) establish, develop, or manage an investment in which the person or his or her enterprise has committed, or is in the process of committing, a substantial amount of capital and which involves supervisory, executive, or critical skill functions , provided that the person also complies with applicable immigration measures in force for 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 in connection with temporary entry pursuant to paragraph 1.
3. Except as provided in paragraph 2, a Party may expeditiously examine the proposed investment of a business person to assess whether the investment complies with applicable legal provisions.
4. Except as provided in paragraph 2, a Party may require a business person requesting temporary entry under this Section to obtain, prior to entry, a visa or equivalent document.
Section C. Transfer of Personnel Within a Company
1. Each Party shall authorize temporary entry and issue supporting documentation to a business person employed by an enterprise legally constituted and operating in its territory, who intends to work as a manager, executive, specialist or qualified technical personnel in that enterprise or in one of its subsidiaries or affiliates, provided that such person and that enterprise comply with the immigration measures in force applicable to temporary entry.
2. Each Party may require the approval of the employment contract by the competent authority as a prerequisite for the authorization of temporary entry.
3. Notwithstanding the provisions of paragraph 2, each Party within 2 years from the date of entry into force of this Agreement shall evaluate the possibility of relaxing or eliminating the requirement of approval of the labor contract required by the Labor Administrative Authority or by the competent authority.
4. No Party may impose or maintain numerical restrictions on temporary entry under paragraph 1.
5. For the purposes of this Section, the following definitions shall apply:
executive: a person who is primarily responsible for the management of the organization and has broad freedom of action to make decisions;
specialist: a person who possesses specialized knowledge of an advanced level essential to the establishment, the provision of the service and/or possesses the organization's proprietary knowledge;
manager: a person who is primarily responsible for the direction of the organization or any of its departments or subdivisions and supervises and controls the work of other supervisors, managers or professionals; and
qualified technical personnel: a person with a completed post-secondary education who holds diplomas, degrees or certificates awarded by a university or non-university higher education institution (3), who possesses all the necessary and valid documents for the exercise in accordance with the legislation of the Party from which he/she comes.
6. Except as provided in paragraph 2, a Party may require that a business person requesting temporary entry under this Section, obtain, prior to entry, a visa or equivalent document. The Parties shall consult with each other with a view to eliminating visa or equivalent document requirements.
Section Section D: Professionals and Technical Professionals
1. A business person who intends to carry out activities as a professional or technical professional (4) , on the basis of a personal contract (5) in the other Party, shall be authorized entry and temporary stay, and shall be issued the supporting documentation for a period set forth in Part Il of this Annex, when the business person, in addition to complying with the immigration requirements applicable to entry and temporary stay, exhibits:
a) proof of nationality of a Party;
b) documentation evidencing that the person will undertake such activities and stating the purpose of entry; and
c) documentation attesting that the person possesses the relevant minimum academic requirements or alternative qualifications.
2. No Party:
a) impose or maintain quantitative restrictions on entry in accordance with paragraph 1;
b) require other prior approval procedures, petitions, proof of labor certification or others of similar effect, as a condition for authorizing temporary entry under paragraph 1.
3. A Party may require a business person of the other Party requesting entry and temporary stay under paragraph 1 to obtain a visa or equivalent document prior to such entry.
4. The Parties shall exchange information on the curricula of the professions taught in each Party, in order to facilitate the evaluation of applications for temporary entry.
5. In the case of the technical professional, the commitments of this Section shall apply only to the technical professions listed in Appendix 13.4-D.
6. For greater certainty, the entry and temporary stay of a professional or technical professional does not imply the recognition of titles or certificates, nor the granting of licenses for professional practice.
Appendixes to the Annex to Article 13.4
Appendix 13.4-A . Business Visitors
Research and design
- Technical, scientific and statistical researchers conducting research independently or for an enterprise located in the territory of another Party.
Cultivation, manufacturing and production
- Harvesting machine owners who supervise a group of operators admitted in accordance with the applicable provisions.
- Purchasing and production personnel, at management level, who carry out commercial operations for an enterprise located in the territory of another Party.
Marketing
- Market researchers and analysts who conduct research or analysis independently or for a company located in the territory of another Party.
- Trade show and promotional staff attending trade conventions.
Sales
- Sales representatives and sales agents who place orders or negotiate contracts for goods and services for an enterprise located in the territory of another
Party, but do not deliver the goods or provide the services.
- Buyers making purchases for an enterprise located in the territory of another Party.
Distribution
- Transport operators that carry out transport operations of goods or passengers to the territory of one Party from the territory of the other Party, or carry out loading and transport operations of goods or passengers from the territory of one Party to the territory of the other Party, without unloading operations, in the territory of the other Party.
- Customs brokers who provide advisory services for the purpose of facilitating the import or export of goods.
After-sales 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 related to the sale of commercial or industrial equipment or machinery, including computer software purchased from an enterprise located outside the territory of the Party from which temporary entry is sought, during the term of the warranty or service contract.
General Services
- Professionals conducting business activities at the professional level within the scope of Section D.
- Management and supervisory personnel engaged in business operations for an enterprise located in the territory of the other Party.
- Financial services personnel (insurance agents, banking personnel or investment brokers) engaged in commercial transactions for an enterprise located in the territory of the other Party.
- Public relations and advertising personnel who advise clients or attend or participate in conventions.
- Tourism personnel (tour and travel agents, tour guides or tour operators) attending or participating in conventions or conducting an excursion that has been initiated in the territory of the other Party.
- Translators or interpreters providing services as employees of an enterprise located in the territory of the other Party.
- Kitchen staff (cooks and kitchen assistants) attending or participating in gastronomic events or exhibitions, or conducting customer consultations/business contacts.
- Information technology and telecommunication service providers attending meetings, seminars, or conferences; or conducting consultations with a business contact.
- Franchise marketers and developers wishing to offer their services in the territory of the other Party.
Appendix 13.4-D . Technical professionals
Technical Professions:
1. Technical Professional in Advertising, Communication and Design
2. Professional Technician in Architecture and Interior Design
3. Technical Professional in Administration and Accounting
4. Professional Technician in Tourism and Gastronomy
5. Professional Systems, Computer and Information Technology Technician
6. Professional Engineering Technician
7. Professional Health Technician (includes technicians in Nursing, Pharmacy and Physical Therapy)
8. Professional Construction Technician
9. Professional Electrical Technician
10. Professional Technician in Industrial Production Processes
11. Professional Technician in Maintenance and Repair of Machinery and Equipment (includes maintenance and repair of all types of vehicles, vessels and aircrafts), as long as he/she is not part of the crew of any vessel or aircraft flying the Mexican merchant flag or insignia.
Part II. Deadlines for the Entry and Temporary Stay of Business Persons
1. For purposes of entry and temporary stay pursuant to Section A of Part I, each Party shall authorize a stay of up to 183 days.
2. For purposes of entry and temporary stay pursuant to Sections B, C and D of Part I, both Parties shall authorize a stay of up to 1 year, which may be extended as many times as necessary to complete a total term of 4 years, counted from the first renewal.
3. Notwithstanding the provisions of paragraph 2, in the case of Peru, business persons who are traders or are in the process of committing an investment shall be authorized a stay of up to 183 days.
Chapter XIV. MUTUAL RECOGNITION OF CERTIFICATES, DIPLOMAS AND/OR ACADEMIC DEGREES
Article 14.1. Relationship to other Agreements
1. The Parties acknowledge:
a) the 1974 Regional Convention on the Recognition of Studies, Degrees and Diplomas in Higher Education in Latin America and the Caribbean;
b) the Agreement Andrés Bello Agreement of Integration Educational, Scientific, Technology and Culture, 1990; and
c) any other agreement or arrangement to which they are parties prior to the date of entry into force of this Agreement.
2. Notwithstanding the provisions of paragraph 1, the Parties recognize the need to further develop the provisions on mutual recognition of certificates, diplomas and/or academic degrees set forth in that paragraph.
3. In the event of incompatibility between the provisions of this Chapter and the agreements mentioned in paragraph 1, the provisions of this Chapter shall prevail to the extent of the incompatibility.
Article 14.2. Definitions
For the purposes of this Chapter, the following definitions shall apply:
certificate: document that certifies the completion of a partial or total period of studies of the corresponding professional or academic training. The certificate is issued by the university or by non-university higher education centers;
professional experience: the effective and lawful exercise in any of the Parties of the profession in question;
academic degree: document issued by the competent authority in each of the Parties that certifies that the holder has concluded studies of Bachelor's Degree (1) or university, Masters Degree and/or Doctorate in universities and other authorized institutions, complying with the specific academic standards;
Party of origin: the Party where the certificate, degree and/or academic degree to be recognized in the receiving Party is issued;
Receiving Party: the Party where the recognition of the certificate, degree and/or academic degree obtained in the Party of origin is requested;
pre-professional internships or student social service: the exercise of competencies, under the responsibility of a qualified professional, according to the requirements of the Party where they are performed;
aptitude test: an examination carried out by the competent authorities of the receiving Party to assess the applicant's aptitude to practice a profession in that Party and that he/she is a qualified professional in the Party of origin. This examination covers the applicant's professional knowledge, the knowledge essential to the exercise of the profession and may include the deontology applicable to the activities in question. The modalities of the aptitude test shall be established by the competent authorities of the receiving Party; and
diploma: document issued by the competent authority in each of the Parties certifying that the holder has completed post-secondary studies at universities or non-university higher education centers (2) in compliance with the specific academic standards;
Article 14.3. Scope of Applicationt
This Chapter shall apply to any person who has completed his or her studies in one of the Parties, whatever his or her nationality, and who intends to practice a profession (3), or to continue post-secondary studies (4), in the receiving Party.
Article 14.4. Mutual Recognition of Certificates, Degrees and/or Academic Degrees
1. Except as provided in paragraphs 2 and 3, the receiving Party shall automatically recognize certificates, diplomas and/or academic degrees obtained by the applicant in the Party of origin. In order to obtain such recognition, the applicant of the Party of origin must present the certificate, degree and/or academic degree obtained in said Party.
2. When there is no reasonable equivalence, either because of a difference in the duration of training (5) or because the certificate, diploma and/or academic degree obtained in the Party of origin includes substantially different subjects from those covered by them in the receiving Party, the latter may require the applicant:
a) To undergo an aptitude test on the branches of the profession evidenced by the respective certificate, diploma and/or academic degree, when the training he/she has received includes subjects substantially different from those covered by them in the receiving Party.
b) To prove a certain period of professional experience, when the difference between the duration of the training on which the application is based and the duration of the training required in the receiving Party is greater than one year. In this case, the period of professional experience required shall be a maximum:
i) twice the remaining period of study; or
ii) equal to the missing training period, when this period corresponds to a pre-professional internship or student social service.
3. When the aptitude test established in paragraph 2(a) is not passed or when the period of professional experience as established in paragraph 2(b) cannot be accredited, the respective certificate, degree and/or academic degree must be validated before the competent authorities, by carrying out the respective studies in the universities or non-university higher education centers in the receiving Party.
4. When a profession of the Party of origin does not exist in the receiving Party, the competent authority of the receiving Party may establish a sufficient affinity with the respective certificate, degree and/or academic degree offered by universities or non-university higher education centers authorized by the competent authority of the receiving Party. Otherwise, the applicant may follow the process of revalidation of the corresponding studies.
5. Certificates, diplomas and/or academic degrees obtained in the Party of origin shall be recognized for continuing studies in the receiving Party.
Article 14.5. Pre-professional Internships or Student Social Service
Without prejudice to the provisions of Article 14.4, when the receiving Party requires pre-professional internships or student social service as a condition for professional practice, such Party shall recognize that this requirement has been fulfilled when the period of pre-professional internships or student social service between the Party of origin and the receiving Party are similar.
Article 14.6. Study Abroad
Any national of a Party who has obtained in a non-Party country one or more academic certificates, titles and/or degrees may avail himself of the benefits of this Chapter if these have been recognized or validated by any of the Parties.
Article 14.7. Complementary Measures
1. The competent authority of the receiving Party which makes access to a profession subject to the presentation of evidence of good repute or morality, or which suspends or prohibits the practice of such profession in case of serious professional misconduct or criminal offense, shall accept as sufficient evidence for those applicants of the Party of origin who wish to practice such profession in its territory, the presentation of documents issued by competent authorities of the Party of origin showing that such requirements have been met.
2. Where the documents referred to in paragraph 1 cannot be issued by the competent authorities of the Party of origin, they shall be replaced by a sworn or affidavit under oath made by the person concerned before a competent judicial or administrative authority or, where appropriate, before a notary or before a qualified professional body of the Party of origin in accordance with its national legislation.
3. When the competent authority of the receiving Party requires for access to a profession the presentation of a document related to physical or psychological health, said authority shall accept that the applicants of the Party of origin present a certification issued by a competent authority of said Party, which are equivalent to the certifications of the receiving Party.
4. The competent authority of the receiving Party may require that no more than 120 days have elapsed between the date of issuance of the documents or certifications referred to in this Article and the time of their submission.
Article 14.8. Facilitation
1. The receiving Party shall accept, as evidence of compliance with the conditions set forth in Article 14.4, the documents issued by the competent authorities of the Party of origin, which the applicant shall submit in support of his application for recognition of the certificate, degree and/or academic degree in question.
2. The procedure for analyzing requests for recognition shall be completed as soon as possible and shall be the subject of a reasoned decision by the competent authority of the receiving Party no later than 90 days after the submission of the applicant's complete documentation.
Article 14.9. Mutual Recognition Committee
1. The Parties shall designate, within a period of 6 months following the entry into force of this Agreement, the competent authorities authorized to form the Committee, which shall have the following functions:
a) facilitate the execution of the commitments established in this Chapter;
b) review at least once a year the procedures for validating certificates, degrees and/or academic degrees in each of the Parties;
c) define mechanisms to promote the exchange of curricula between universities, institutes and colleges in each of the Parties; and
d) define mechanisms to promote the exchange of best practices in the development of education systems in each of the Parties.
2. The Committee shall take the necessary actions to facilitate information regarding the recognition of certificates, diplomas and/or academic degrees, and those related to the conditions and requirements necessary for professional practice. To carry out this task, it may resort to existing information networks and, if necessary, to the appropriate professional associations or organizations. It shall also take the necessary initiatives to ensure the development and coordination of the process of gathering the relevant information.
Chapter XV. SETTLEMENT OF DISPUTES
Section A. Dispute Resolution
Article 15.1. Cooperation
The Parties shall at all times endeavor to reach agreement on the interpretation and application of this Agreement and shall make every effort, through cooperation, consultation or other means, to reach a mutually satisfactory resolution of any matter that might affect its operation.
Article 15.2. Scope of Application
Except as otherwise provided in this Agreement, the dispute settlement provisions of this Chapter shall apply to the prevention or settlement of disputes between the Parties concerning the interpretation or application of this Agreement, or where a Party considers that:
a) an existing or proposed measure of another Party is or may be inconsistent with the obligations of this Agreement;
b) the other Party has failed in any way to comply with the obligations of this Agreement; or
c) the measure of the other Party would cause nullification or impairment within the meaning of the Annex to Article 15.2.