5° For the Republic of Belarus, permit only means work permit or permit for temporary stay.
51 For the purposes of this Agreement, under the temporary stay in the Republic of Belarus of a natural person of the other Party means registration in the competent authorities of the Republic of Belarus (for a period of up to 90 days in calendar year), or obtaining a temporary residence permit (for up to one year), depending on the purposes of entry of the natural persons.
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(c) other categories as may be specified in each Partyâs Schedule in Annex III (Schedules of Specific Commitments on Temporary Movement of Natural Persons).
2. The provisions of this Chapter provide the transparency and procedural disciplines related to temporary entry and temporary stay of natural persons of a Party, specified in the Party's Schedule in Annex III (Schedule of Specific Commitments on Temporary Movement of Natural Persons), and do not include any obligations of a Party to guarantee temporary entry and temporary stay for categories of natural persons of the other Party, except for cases provided for in Article 4.3 (Grant of Temporary Entry and Temporary Stay).
3. This Agreement shall not apply to measures affecting natural persons seeking access to the employment market of a Party, nor shall it apply to measures regarding citizenship, residence or employment on a permanent basis.
4. The Agreement shall not prevent a Party from applying measures to regulate the entry of natural persons into, 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, its borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to the other Party under this chapter.
5. The sole fact that a Party requires natural persons of the other Party to obtain an immigration formality shall not be regarded as nullifying or impairing the benefits accruing to any Party under this Chapter.
Article 4.3. Grant of Temporary Entry and Temporary Stay
1. Each Party shall, in accordance with its Schedule in Annex III (Schedules of Specific Commitments on Temporary Movement of Natural Persons), grant temporary entry or temporary stay for the period in accordance with this Chapter to natural persons of the other Party, provided that those natural persons:
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(a) follow application procedures prescribed by national legislation for the immigration formality sought; and
(b) meet all relevant eligibility requirements for granting temporary entry or temporary stay for the period, set in the Schedule of Specific commitments in Annex I and Annex Ill (Schedules of Specific Commitments on Temporary Movement of Natural Persons).
2. In accordance with its laws and regulations, any fees imposed by a Party in respect of the processing of an immigration formality shall be reasonable and determined with regards to administrative costs involvedin that they do not, in themselves, represent an unjustifiable impediment to the movement of natural persons of the other Party under this Chapter.
3. A Party may deny temporary entry or temporary stay for the period, set in its Schedule in Annex III (Schedules of Specific Commitments on Temporary Movement of Natural Persons) to any natural person of the other Party who does not comply with subparagraph (a) or (b) of paragraph 1 of this Article >.
4. The sole fact that a Party grants temporary entry to a natural person of the other Party pursuant to this Chapter shall not be construed to exempt that natural person from meeting any applicable licensing or other requirements, including any mandatory codes of conduct, to practice a profession or otherwise engage in business activities.
Article 4.4. Schedules of Specific Commitments on Temporary Movement of Natural Persons
Each Party shall set out in its Schedule in Annex III (Schedules of Specific Commitments on Temporary Movement of Natural Persons) its commitments for the temporary entry into and temporary stay in
*? Not applied to visas and pass.
53 For greater certainty, the Parties may deny temporary entry or temporary stay for the period, set in the Schedule of Specific commitments in Annex to any natural person of the other Party with other reasons not specified in subparagraph (a) or (b) of paragraph 1 of this Article but provided by the national legislation of the Party.
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its territory of natural persons of the other Party covered by Article 4.2 (Scope). These Schedules shall specify the conditions and limitations governing those commitments, including the length of stay, for each category of natural persons included therein*â¢.
Article 4.5. Transparency
1. For the purposes of this Chapter, each Party shall ensure that its competent authorities make publicly available the information necessary to apply for granting of temporary entry and temporary stay in its territory. Such information shall be made electronically available and kept updated.
2. Information referred to in paragraph 1 of this Article shall include, inter alia:
(a) categories of immigration formalities;
(b) documentation and evidence required and conditions to be met;
(c) method of filing and options on where to file, such as consular offices or online;
(d) processing time; (e) application fees; (f) period of validity of immigration formalities;
(g) conditions for renewals or extension in accordance with national legislation of a Party;
(h) available review and/or appeal procedures; (i) reference to relevant laws of general application; and
G) relevant requirements referred to in Article 4.5
+4 For the purposes of this Article, conditions and limitations include any economic needs testing requirement, which no Party may impose unless specified in its Schedule in Annex X (Schedules of Specific Commitments on Temporary Movement of Natural Persons).
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(Transparency).
3. Each Party shall provide the other Party with details of relevant publications or websites where information referred to in paragraph 2 of this Article is made available.
Article 4.6. Requirements and Procedures Related to Temporary Entry and Temporary Stay
1. Documents required for processing an application for temporary entry and temporary stay of natural persons shall be relevant.
2. After the submission of an application is considered completed in accordance with the laws and regulations of that Party, competent authorities of that Party shall process the application within the time limits established by its laws and regulations. The competent authorities of each Party shall notify the applicant of the outcome of the application promptly after the decision has been taken. The notification shall include, if applicable, the period of stay and any other terms and conditions.
3. Upon the applicantâs request, the competent authorities of the Party concerned shall, without undue delay and to the extent possible, provide information concerning the status of the applicant's application. This information shall normally be provided free of charge.
4. In case of incomplete application, the authority shall notify the applicant about the missing information and provide the applicant an opportunity to submit a new application.
This paragraph does not apply to visa applications.
5. If a Party requires separate applications for temporary entry and temporary stay, it shall ensure that the respective time periods for temporary entry and temporary stay, if granted, are compatible.
6. Applicants shall be given the opportunity to apply for renewal or
extension in accordance with national legislation of a Party, which
shall be granted under the terms of the Partyâs Schedule in Annex III
(Schedule of Specific Commitments for the Temporary Movement 115
of Natural Persons).
7. Each Party shall ensure that the procedures for application for the renewal or extension in accordance with national legislation of a Party are pre-established and are clearly specified.
Article 4.7. Spouses and Dependents
Each Party may grant the right of temporary entry and temporary stay to spouses and dependents of the natural persons of the other Party, specified in the Partyâs Schedule in Annex III (Schedule of Specific Commitments for the Temporary Movement of Natural Persons), in accordance with the legislation of the Party.
Article 4.8. Cooperation
The Parties may discuss mutually agreed areas of cooperation to further facilitate temporary entry and temporary stay of natural persons of the other Parties, which shall take into consideration areas proposed by the Parties during the course of negotiations or other areas as may be identified by the Parties.
Article 4.9. Dispute Settlement
1. Parties shall endeavour to settle any differences arising out of the implementation of this Chapter through consultations.
2. No Party shall have recourse to dispute settlement under Chapter IX (Dispute Settlement) regarding a refusal to grant temporary entry and temporary stay.
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Chapter CHAPTER V ELECTRONIC COMMERCE Article 5.1 Definition for the Purposes of this Chapter:
âelectronic authenticationâ means the process of verifying or testing an electronic statement or claim, in order to establish a level of confidence in the statement's or claim's reliability;
âelectronic documentâ means a document in which information is presented in electronic form with details allowing to establish its integrity and authenticity, which are confirmed by the use of certified electronic signatures using public keys of the person who signed this electronic document when verifying the electronic signature;
âelectronic signatureâ means data in electronic form that is in, affixed to, or logically associated with an electronic data message that may be used to identify the signatory in relation to the data message and indicate the signatory's approval of the information contained in the data messageâ¢;
âdigital certificateâ means electronic document which is signed by the authorized body, and contains information of the owner of the public key, information of the public key, information of the organization which issued the certificate, duration of the certificate and other information;
âdocument in electronic formâ means information, data or electronic document created, transmitted, received or stored in electronic systems enabling electronic commerce;
âpersonal informationâ means any information about an identified or identifiable natural person; and
âtrade administration documentsâ mean forms issued or
* For greater certainty, nothing in this provision prevents a Party from according greater legal effect to an electronic signature that satisfies certain requirements, such as indicating that the electronic data message has not been altered or verifying the identity of the signatory.
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controlled by a Party which must be completed by or for an importer or exporter in relation to the import or export of goods.
Article 5.2. Scope and General Provisions
1. The Parties recognize the economic growth and trade opportunities that electronic commerce provides, and the importance of promoting and facilitating the use and development of electronic commerce between the Parties.
2. The purposes of this Chapter are to enhance cooperation between the Parties regarding the development of electronic commerce, contributing to creating an environment of trust and confidence in the use of electronic commerce and to promoting the wider use of electronic commerce globally.
3. The Parties shall, in principle, endeavor to ensure that bilateral trade in electronic commerce shall be no more restricted than comparable non-electronic bilateral trade.
4. This Chapter shall apply to measures adopted or maintained by a Party that affect electronic commerce.
5. This Chapter shall not apply to:
(a) government procurement; or
(b) information or data held or processed by governmental authorities and non-governmental bodies in the exercise of powers delegated by governmental authorities.
Article 5.3. Online Consumer Protection
Each Party shall, to the extent possible and in a manner considered appropriate, adopt or maintain measures which provide protection for consumers using electronic commerce that is at least equivalent to measures which provide protection for consumers of other forms of commerce.
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Article 5.4. Online Personal Information Protection
Recognizing the importance of protecting personal information in electronic commerce, each Party shall adopt or maintain domestic laws and other measures which ensure the protection of the personal information of the users of electronic commerce.
Article 5.5. Unsolicited Commercial Electronic Messages
1. Each Party shall adopt or maintain measures regarding unsolicited commercial electronic messages that:
(a) require suppliers of unsolicited commercial electronic messages to facilitate the ability of recipients to stop receiving such messages;
(b) require the consent, as specified according to its laws and regulations, of recipients to receive commercial electronic messages; or
otherwise provide for the minimization of unsolicited commercial electronic messages.
2. Each Party shall provide recourse against suppliers of unsolicited commercial electronic messages who do not comply with its measures implemented pursuant to paragraph 1| of this Article.
3. The Parties shall endeavour to cooperate in appropriate cases of mutual concern regarding the regulation of unsolicited commercial electronic messages.
Article 5.6. Domestic Regulatory Framework
1. Each Party shall adopt or maintain a legal framework governing electronic transactions, taking into account the UNCITRAL Model Law on Electronic Commerce 1996, or other applicable international conventions and model laws relating to electronic commerce.
2. Each Party shall endeavour to avoid any unnecessary regulatory burden on electronic transactions.
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Article 5.7. Customs Duties
1. Each Party shall maintain its practice of not imposing customs duties on electronic transmissions between the Parties, consistent with the WTO Ministerial Decision of 22 June 2022 in relation to the Work Programme on Electronic Commerce (WT/MIN(22)/32).
2. Each Party reserves the right to adjust its practice referred to in paragraph 1 of this Article in accordance with any further WTO Ministerial Decisions in relation to the Work Programme on Electronic Commerce.
Article 5.8. Transparency
1. Each Party shall publish as promptly as possible or, where that is not practicable, otherwise make publicly available, including on the internet where feasible, all relevant measures of general application pertaining to or affecting the operation of this Chapter.
2. Each Party shall respond as promptly as possible to a relevant request from the other Party for specific information on any of its measures of general application pertaining to or affecting the operation of this Chapter.
Article 5.9. Cyber Security
The Parties recognize the importance of:
(a) building the capabilities of their respective competent authorities responsible for computer security incident responses including through the exchange of best practices; and
(b) strengthening communication and conducting cooperation on matters related to cyber security.
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Article 5.10. Electronic Authentication and Electronic Signatures
1. Unless in circumstances otherwise provided for under its laws and regulations, no Party shall deny the legal validity of a signature solely on the basis that the signature is in electronic form.
2. Each Party shall maintain domestic legislation and measures for electronic signature that permits:
(a) participants in electronic transactions to determine the appropriate authentication technologies and implementation models for their electronic transactions; and
(b) participants in electronic transactions to have the opportunity to prove that their electronic transactions comply with the Party's domestic laws and regulations with respect to authentication.
3. Following on paragraph 1 of this Article, in two years after entry into force of this Agreement, Parties shall start elaborating additional provisions with respect to the mutual recognition of digital certificates and electronic signatures.
The principles of mutual recognition of digital certificates and electronic signatures may include inter alia the following approaches:
(a) mutual recognition of electronic signatures and digital certificates is based on equivalent levels of reliabilities;
(b) equivalent level of reliability will be agreed by the Parties on the basis of institutional procedures;
(c) Parties endeavour to create necessary legal basis for the mutual recognition of digital certificates, verification of electronic signatures with the usage of the agreed technologies.
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4. Each Party shall encourage the use of digital certificates in the business sector.
Article 5.11. Paperless Trading 1. Each Party Shall:
(a) work towards implementing initiatives which provide for the use of paperless trading, taking into account the methods agreed by international organizations including the World Customs Organization;
(b) endeavour to accept trade administration documents submitted electronically as the legal equivalent of the paper version of such trade administration documents;
(c) endeavour to make trade administration documents available to the public in electronic form; and
(d) endeavor to ensure the submission of documents related to trade transactions to the competent authorities of the Parties in the form of electronic documents with an electronic signature.
2. The Parties shall cooperate in international fora to enhance acceptance of electronic versions of trade administration documents.
Article 5.12. Network Equipment
1. Both Parties recognize the importance of network equipment, products related to e-commerce to the safeguarding of the healthy development of e-commerce.
2. Both Parties should endeavour to create beneficial environment for public telecommunications networks, service providers or value- added service providers to independently choose the network equipment, products and technological services.
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Article 5.13. Cooperation on Electronic Commerce
1. The Parties agree to share information and experience on issues related to electronic commerce, including, inter alia, laws and regulations, rules and standards, and best practices.
2. The Parties shall encourage cooperation in research and training activities to enhance the development of electronic commerce.
3. The Parties shall encourage business exchanges, cooperative activities and joint electronic commerce projects.
4. The Parties shall actively participate in regional and multilateral fora to promote the development of electronic commerce in a cooperative manner.
Article 5.14. Non-Application of Dispute Settlement
No Party shall have recourse to dispute settlement under this Agreement for any matter arising under this Chapter.
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Chapter CHAPTER VI MICRO, SMALL AND MEDIUM-SIZED ENTERPRISES
Article 6.1. Regulatory Environment
In view of the important role of mirco, small and medium enterprises (MSMEs) in increasing employment, promoting economic growth, scientific and technological innovation and social stability, the Parties shall provide a favorable, stable and predictable policy and regulatory environment for the development of MSMEs of each Party in the territory of the other Party.
Article 6.2. Exchange of Information
The Parties should aim to share information and good practices with MSMEs. These practices should promote upstream and downstream cooperation in the industry chain, improve the productivity of MSMEs, and increase their access to markets.
Article 6.3. Cooperation 1. the Parties Shall Encourage:
(a) service institutions to provide legal, intellectual property, financial, consulting, inspection, testing and certification services for MSMEs;
(b) cooperation of large enterprises with MSMEs within supply chains;
(c) MSMEs to participate in large-scale sales and exhibition activities; and
(d) financial institutions to enhance support for MSMEs.
2. Cooperation shall be carried out through, inter alia, the following activities:
(a) information exchange;
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(b) conferences, seminars, experts dialogue and training programs; and
(c) project promotion, exhibition platform, industry exchange, etc.
3. Cooperation may include: (a) establishing mechanisms for supply chain collaboration; (b) exploring approaches and strategies for cluster development;
(c) increasing the access of export-oriented MSMEs to information related to mandatory procedures and any other relevant information; and