a. for Chile, for a period of up to two years which may be extended, without a requirement to apply for permanent residence, provided the conditions on which it is based remain in effect; and
b. for the European Union, for a period of up to three years for Managers and Specialists; up to one year for Trainee Employees and Investors; and up to 90 days within any six month period days for Business Visitors for Establishment Purposes.
Article 12.3. Short-term Business Visitors
. Subject to the scope exclusions set out in Chapter II Article 2(1) and subject to the relevant conditions and qualifications specified in Annex IV [reservations for ICTs, BVEP and STBV], a Party shall allow entry and temporary stay of short-term business visitors without the requirement of a work permit, economic needs test or other prior approval procedures of similar intent.
. If short-term business visitors of a Party are engaged in the supply of a service to a consumer in the territory of the Party where they are staying temporarily, that Party shall accord to them, with regard to the supply of that service, treatment no less favourable than that it accords, in like situations, to its own service suppliers:
. The permissible length of stay shall be for a period of up to ninety days in any twelve month period.
Article 12.4. Contractual Service Suppliers and Independent Professionals
. Each Party shall allow the entry and temporary stay of contractual services suppliers in its territory, in the sectors, subsectors and activities specified in Annex V [reservations on contractual services suppliers and independent professionals], subject to the relevant conditions and qualifications specified therein, as well as to the following conditions:
a) The natural persons must be engaged in the supply of a service as employees of a juridical person, which has obtained a service contract not exceeding twelve months.
b) The natural persons entering the other Party should be offering such services as employees of the juridical person supplying the services for at least one year
immediately preceding the date of submission of an application for entry into the other Party. In addition, the natural persons must possess, on the date of application for entry, at least three years professional experienceâ® in the sector of activity which is the subject of the contract.
c) The natural persons entering the other Party must possess:
(i) a university degree or a qualification demonstrating knowledge of an equivalent level!â and
(ii) professional qualifications where this is required to exercise an activity pursuant to the laws, regulations or legal requirements of the Party where the service is supplied.
d) The natural person shall not receive remuneration for the provision of services in the territory of the other Party other than the remuneration paid by the juridical person employing the natural person.
e) Access accorded under the provisions of this Article relates only to the service activity which is the subject of the contract and does not confer entitlement to exercise the professional title of the Party where the service is provided.
2. Each Party shall allow the entry and temporary stay of independent professionals in its territory in the sectors, subsectors and activities specified in Annex V [reservations on contractual services suppliers and independent professionals], subject to the relevant conditions and qualifications specified therein, as well as to the following conditions:
a) The contract concluded shall not exceed a period of twelve months.
b) The natural persons must possess, on the date of application for temporary entry, at least six years professional experience in the sector of activity which is the subject of the contract.
c) The natural persons entering the other Party must possess:
@ a university degree or a qualification demonstrating knowledge of an equivalent level!â and
Gi) professional qualifications where this is required to exercise an activity pursuant to the laws, regulations or legal requirements of the Party where the service is supplied.
16 Obtained after having reached the age of majority. '7 Where the degree or qualification has not been obtained in the Party where the service is supplied, that Party may evaluate whether this is equivalent to a university degree required in its territory.
d) Access accorded under the provisions of this Article relates only to the service activity which is the subject of the contract; it does not confer entitlement to exercise the professional title of the Party where the service is provided.
3. A Party shall not adopt or maintain limitations on the total number of contract service suppliers and independent professionals of the other Party who are allowed temporary entry, in the form of numerical quotas or an economic needs test.
4. Each Party shall accord to contractual services suppliers and independent professionals of the other Party, with regard to the supply of their services in its territory, treatment no less favourable than that it accords, in like situations, to its own service suppliers.
5. The permissible length of stay shall be:
a. for the EU, for a cumulative period of not more than six months in any twelve month period or for the duration of the contract, whichever is less; and
b. for Chile, for a period up to one year which may be extended for subsequent periods, provided the conditions on which it is based remain in effect.
Article 12.5. Non-conforming Measures
To the extent that the relevant measure affects the temporary stay of natural persons for business purposes, Article 12.2, paragraph 1, subparagraphs (c) and (d) and Article 12.4, paragraphs 3 and 4 do not apply to:
(a) any existing non-conforming measure of a Party at the level of:
Gi) for the European Union:
(A) the European Union, as specified in its Schedule to Annex J;
(B) the central government of a Member State of the European Union, as specified in its Schedule to Annex I;
(C) a regional government of a Member State of the European Union, as specified in its Schedule to Annex J; or
(D) a local government, other than that referred to in subparagraph (C); and
Gi) for Chile:
(A) the central government, as specified in its Schedule to in Annex I; (B) a [regional subdivision], as specified in its Schedule to Annex J; or (C) alocal government;
(b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a);
(c) a modification of any non-conforming measure referred to in subparagraphs (a) and (b) to the extent that it does not decrease the conformity of the measure, as it existed immediately before the modification, with Article 12.2, paragraph 1,
subparagraphs (b) and (c) and Article 12.4, paragraph 1, subparagraphs (ii) and (iii); or
(d) any measure of a Party consistent with a condition or qualification specified in Annex I.
Article 12.6. Transparency
. A Party shall make publicly available information relating to the entry and temporary stay by natural persons of the other Party, referred to in paragraph X of Article XX.
. The information referred to in paragraph 1 shall include, where applicable, the following information:
(a) categories of visa, permits or any similar type of authorisation regarding the entry and temporary stay;
(b) documentation required and conditions to be met;
(c) method of filing an application and options on where to file, such as consular offices or online;
(d) application fees and an indicative timeframe of the processing of an application; (e) the maximum length of stay under each type of authorisation described in subparagraph (a);
(f) conditions for any available extension or renewal;
(g) rules regarding accompanying dependents;
(h) available review or appeal procedures; and
(i) relevant laws of general application pertaining to the entry and temporary stay of natural persons.
. With respect to the information referred to in paragraphs 1 and 2, each Party shall endeavour to promptly inform the other Party of the introduction of any new requirements and procedures or of the changes in any requirements and procedures that affect the effective application for the grant of entry into, temporary stay in and, where applicable, permission to work in the former Party.
Article 12.7. Dispute Settlement
No Party shall have recourse to dispute settlement under Chapter XX (Dispute Settlement) regarding a refusal to grant temporary entry unless the matter involves a pattern of practice.
Chapter 13. DOMESTIC REGULATION
Article 13.1. Scope and Definitions
1. This Chapter applies to measures of a Party relating to licensing requirements and procedures, qualification requirements and procedures and technical standards! that affect:
(a) the cross-border supply of services;
(b) the supply of a service or pursuit of any other economic activity through the establishment of an enterprise and operation of a covered investment;
(c) the supply of a service through temporary stay in their territory of categories of natural persons as defined in Article 12.1 (Scope and Definitions).
2. This Chapter only applies to sectors for which the Party has undertaken specific commitments under Chapter 10 (Investment Liberalisation), Chapter 11 (CBTS) and Chapter 12 (mode 4) and to the extent that these specific commitments apply.
3. Notwithstanding paragraph 2, this chapter shall not apply to licensing requirements and procedures, qualification requirements and procedures and technical standards relating to one of the following sectors or activities:
a) manufacture of basic chemicals and other chemical products;
b) manufacture or rubber products;
c) manufacture of plastics products;
c) manufacture of electric motors, generators and transformers;
d) manufacture of accumulators, primary cells and primary batteries; and e) recycling of metal and non-metal waste and scrap.
4. This Chapter shall not apply to measures to the extent that they constitute limitations subject to scheduling under Articles 10.5 or CBTS 2 (Market Access) and/or Article 10.6 or CBTS 3 (National Treatment) or under Articles M4 2(c) and (d); M4 3(b) and (c) and M4 4 (3) and (4) [MA and NT for mode 4 categories].
5. For the purposes of this Chapter,
[(a) âlicensing requirementsâ are substantive requirements, other than qualification requirements, with which a natural or a juridical person is required to comply in
' For greater certainty, as far as measures relating to technical standards are concerned, this section applies only to such measures affecting trade in services.
order to obtain, amend or renew authorisation to carry out the activities as defined in paragraph 1 (a) to (c).
(b) âlicensing proceduresâ are administrative or procedural rules that a natural or a juridical person, seeking authorisation to carry out the activities as referred to in paragraph 1 (a) to (c), including the amendment or renewal of a licence, must adhere to in order to demonstrate compliance with licencing requirements.
(c) âqualification requirementsâ are substantive requirements relating to the competence of a natural person to supply a service, and which are required to be demonstrated for the purpose of obtaining authorisation to supply a service.
(d) âqualification proceduresâ are administrative or procedural rules that a natural person must adhere to in order to demonstrate compliance with qualification requirements, for the purpose of obtaining authorisation to supply a service.]
(e) âcompetent authorityâ is any central, regional or local government and authority or non-governmental body in the exercise of powers delegated by central or regional or local governments or authorities, which takes a decision concerning the authorisation to supply a service, including through establishment or concerning the authorisation to establish in an economic activity other than services;
(f) "authorisation" means the permission to carry out any of the activities referred to in points (a) to (c) of paragraph 1 resulting from a procedure to which an applicant must adhere in order to demonstrate compliance with licencing requirements, qualification requirements and technical standards;
6. The definitions in [Articles 10.1 and 11.3] apply to this Chapter.
Article 13.2. Conditions for Licensing and Qualification
1. Each Party shall ensure that measures relating to licencing requirements, licencing procedures, and qualification requirements and qualification procedures are based on criteria which preclude the competent authorities from exercising their power of assessment in an arbitrary manner.
2. The criteria referred to in paragraph 1 shall be: (a) clear;
(b) objective and transparentâ; and
2 For greater certainty, these criteria may include, inter alia, competence and the ability to supply a service or pursuit any other economic activity, including to do so in a manner consistent with a Partyâs regulatory requirements, such as health and environmental requirements. Competent authorities may assess the weight to be given to each criterion.
(c) accessible to the public and interested persons in advance.
3. When adopting technical standards, each Party shall encourage its competent authorities to adopt technical standards developed through open and transparent processes, and shall encourage any body, including relevant international organizationsâ, designated to develop technical standards to use open and transparent processes.
4. An authorisation or a licence shall, subject to availability, be granted as soon as it is established, in the light of an appropriate examination, that the conditions for obtaining an authorisation or licence have been met.
5. | Where the number of licences available for a given activity is limited because of the scarcity of available natural resources or technical capacity, each Party shall apply a selection procedure to potential candidates which provides full guarantees of impartiality and transparency, including, in particular, adequate publicity about the launch, conduct and completion of the procedure.
6. Subject to the provisions specified by paragraph 5, in establishing the rules for the selection procedure, each Party may take into account legitimate policy objectives, including considerations of health, safety, the protection of the environment and the preservation of cultural heritage.
Article 13.3. Licensing and Qualification Procedures
1. Licensing and qualification procedures and formalities shall be clear, made public in advance, and shall not in themselves constitute a restriction on the supply of a service or the pursuit of any other economic activity. Each Party shall endeavour to make such procedures and formalities as simple as possible and shall not unduly complicate or delay the provision of the service.
2. Where authorisation is required, each Party shall promptly publish or otherwise make publicly available the information necessary for the applicant to comply with the requirements and procedures for obtaining, maintaining, amending and renewing such authorisation. Such information shall include, inter alia, where it exists:
(a) the requirements and procedures;
(b) contact information of relevant competent authorities;
(c) fees;
(d) technical standards;
(e) procedures for appeal or review of decisions concerning applications;
3) procedures for monitoring or enforcing compliance with the terms and conditions of licenses and qualifications;
3 The term ârelevant international organizationsâ refers to international bodies whose membership is open to the relevant bodies of both Parties.
10.
(g) opportunities for public involvement, such as through hearings or comments; or (h) indicative timeframes for processing of an application.
Any authorisation feet which the applicants may incur should be reasonable, transparent, and not, in itself, restrict the supply of the relevant service or the pursuit of the relevant economic activity.
Each Party shall ensure that the procedures used by, and the decisions of, the competent authority in the licensing or authorisation process are impartial with respect to all applicants. The competent authority should reach its decision in an independent manner and not be accountable to any person supplying the services or carrying out the economic activities for which the licence or authorisation is required.
In case specific time periods for applications exist, an applicant shall be allowed a reasonable period for the submission of an application. The competent authority shall initiate the processing of an application without undue delay. If possible, applications should be accepted in electronic format under the same conditions of authenticity as paper submissions.
Each Party shall endeavour to establish the indicative timeframe for processing of an application and shall, at the request of the applicant and without undue delay, provide information concerning the status of the application. Each Party shall ensure that the processing of an application, including reaching a final decision, is completed within a reasonable timeframe after the date of submission of a complete application.
The competent authority shall, within a reasonable period of time after the receipt of an application which it considers incomplete, inform the applicant, identify, to the extent feasible, the additional information required to complete the application, and provide the applicant with the opportunity to correct deficiencies.
The competent authority shall accept copies of documents that are authenticated in accordance with the Partyâs law, in place of original documents, unless the competent authority requires original documents to protect the integrity of the authorisation process.
If an application is rejected by the competent authority, the applicant shall be informed, either at its own request or upon the competent authorityâs initiative, in writing and without undue delay. In principle, the applicant shall be informed of the reasons for rejection of the application and of the timeframe for an appeal against this decision. An applicant should be permitted, within reasonable time limits, to resubmit an application.
Each Party shall ensure that a licence or an authorisation, once granted, enters into effect without undue delay in accordance with the terms and conditions specified therein.
Authorisation fees do not include fees for the use of natural resources, payments for auction, tendering or other non-discriminatory means of awarding concessions, or mandated contributions to universal service provision.
11. Where examinations are required for an authorisation, the competent authority shall ensure such examinations at reasonably frequent intervals and provide a reasonable period of time to enable applicants to request to take the examination.
Article 13.4. Review
If the results of the negotiations related to Article VI(4) of the GATS enter into force, the Parties shall jointly review such results. Where the joint review assesses that the incorporation of such results into this Agreement would improve the disciplines contained herein, the Parties shall jointly determine whether to incorporate such results into this Agreement.
[EU: SECTION B PROVISIONS OF GENERAL APPLICATION]
Article 9. BisAdministration of Measures of General Application
Each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
Article 9. Ter Appeal of Administrative Decisions
Each Party shall maintain or institute judicial, arbitral or administrative tribunals or procedures which provide, at the request of an affected investor or service supplier, for a prompt review of, and where justified, appropriate remedies for, administrative decisions affecting establishment, cross border supply of services or temporary presence of natural persons for business purposes. Where such procedures are not independent of the agency entrusted with the administrative decision concerned, each Party shall ensure that the procedures in fact provide for an objective and impartial review.
Chapter 14. MUTUAL RECOGNITION OF PROFESSIONAL QUALIFICATIONS
Article 14.1. Mutual Recognition of Professional Qualifications
1. Nothing in this Chapter shall prevent a Party from requiring that natural persons possess the necessary qualifications and professional experience specified in the territory where the activity is performed, for the sector of activity concerned.
2. The Parties shall encourage the relevant professional bodies or respective authorities for the sector of activity concerned, in their respective territories, to develop and provide recommendations on mutual recognition of professional qualifications to the [Committee] established pursuant to Article X (Specialised Committees). Such joint recommendations shall be supported by an evidence-based assessment of:
(a) the economic value of an envisaged arrangement on mutual recognition of professional qualifications (hereinafter referred to as âMutual Recognition Arrangementâ); and
(b) the compatibility of the respective regimes, that is, the extent to which the requirements applied by each Party for the authorisation, licensing, operation and certification are compatible.
3, On receipt of a joint recommendation, the [Committee] shall, review its consistency with this Agreement within a reasonable period of time. The [Committee] may, following such review, develop and adopt a Mutual Recognition Arrangement by decision as an annex to this Agreement, which shall be considered to form an integral part of this Chapter! .
4. An arrangement referred to under paragraph 3 shall provide for the conditions for recognition of professional qualifications acquired in the Union and professional qualifications acquired in Chile relating to an activity covered by Chapter 10 (Investment liberalisation), Chapter 11 (CBTS), Chapter XX (mode 4) and Chapter XX [Digital Trade].
5. The Guidelines for arrangements on the recognition of professional qualifications set out in Annex XX [Guidelines for arrangements on the recognition of professional qualifications] shall be taken into account in the development of the joint recommendations referred to in paragraph 2 and by the [Committee] when assessing whether to adopt such an Arrangement, as referred to in paragraph 3.
! For greater certainty, such arrangements shall not lead to the automatic recognition of qualifications but shall set, in the mutual interest of both Parties, the conditions for the competent authorities granting recognition.
Chapter 15. DELIVERY SERVICES
Article 15.1. Scope and DefinitionsThis Section Sets Out the Principles of the Regulatory Framework for All Delivery Services.
For the purpose of this Section:
(a)
(b)
(c)
(d)
(e)
(f)
âdelivery servicesâ mean postal and courier/express services, which include the following activities: the collection, sorting, transport, and delivery of postal items.
âpostal itemâ means an item up to 31.5 kg addressed in the final form in which it is to be carried by any type of delivery service provider, whether public or private, and may include items such as a letter, parcel, newspaper, catalogue, and others.
âexpress delivery servicesâ means the collection, sorting, transport and delivery of postal items at accelerated speed and reliability and may include value added elements such as collection from point of origin, personal delivery to the addressee, tracing, possibility of changing the destination and addressee in transit or confirmation of receipt.
âexpress mail servicesâ means international express delivery services supplied through the EMS Cooperative, the voluntary association of designated postal operators under Universal Postal Union (UPU).
âpostal monopolyâ means the exclusive right to supply specified delivery services within a Partyâs territory pursuant to a legislative measure by the Party.
âuniversal serviceâ means the permanent provision of a delivery service of a specified quality at all points in the territory of a Party at affordable prices for all users.
(g) âlicenceâ means an authorisation, granted to an individual supplier by a regulatory authority, setting out procedures, obligations and requirements specific to the delivery services sector.
Article 15.2. Universal Service
1. Each Party has the right to define the kind of universal service obligation it wishes to maintain. Each Party that maintains a universal service obligation shall administer it in a transparent, non-discriminatory and neutral manner with regard to all suppliers subject to the obligation.
2. Ifa Party requires inbound Express Mail Services to be supplied on a universal service basis, it shall not accord preferential treatment to this service over other international express delivery services.