b) Supervising and controlling the work of other employees, professional or supervisors managers;
c) Having the authority to dismiss or to engage and recommend these actions, as well as other with regard to the handling of personnel being directly supervised by that person and to perform functions within the Organization senior hierarchy or functions related to his position; or
d) Implementing actions under its discretion with regard to the daily operation of the function over which that person has the authority; and
Functions involving know-how: those functions involving a special knowledge of the goods, services, research, equipment, techniques and administration of the Organization or its interests and its implementation in international markets, or an advanced level of expertise or experience in processes and procedures of the Organization.
Article 14.02. General Principles
In addition to the provisions of article 0102 (objectives), this chapter reflects the preferential trading relationship between the parties; the desirability of facilitating temporary entry in accordance with the principle of reciprocity and to establish transparent criteria and procedures for this purpose. it also reflects the need to ensure border security and to protect the domestic labour force and permanent employment in their respective territories.
Article 14.03. General Obligations
1. Each Party shall apply its measures relating to the provisions of this chapter in accordance with Article 14.02 and in particular the apply expeditiously to avoid undue hardship or delay trade in goods or services or investment activities under this Treaty.
2. The Parties shall endeavour to develop and adopt common standards, definitions and interpretations for the implementation of this chapter.
Article 14.04. Authorisation for Temporary Entry
1. In accordance with the provisions of this chapter including those contained in Annexes 14.04 and 14.04: (1), each Party shall grant temporary entry to business persons who meet the other applicable measures relating to public health and safety and national security.
2. A Party may refuse to issue an immigration document authorizing employment to a business person where the temporary entry adversely affecting:
a) The settlement of any labour dispute in progress at the place or intended to be used; or
b) The employment of any person who is involved in such dispute.
3. When a party refuses to issue an immigration document authorizing employment in accordance with paragraph 2, that Party:
a) It shall inform in writing the reasons for the refusal to the business person affected; and
b) Shall without delay and in writing of the reasons for the refusal to the Party in whose national refused entry.
4. Each Party shall limit the amount of fees for processing applications for temporary entry to the approximate cost of services rendered.
5. 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.
Article 14.05. Provision of Information
1. In addition to the provisions of article 17.03 (publication), each Party shall:
a) The other party to provide information materials to know the measures relating to this chapter; and
b) Not later than one (1) year after the date of Entry into Force of this Treaty, shall publish and make available in its own territory and the other party a consolidated document with materials explaining the requirements for temporary entry under this chapter to know the business persons of the other party.
2. Each Party shall collect and maintain and make available to the other party information regarding the granting of temporary entry of authorisations under this chapter to the other party of business persons who have been issued immigration documentation. this compilation shall include information for each category authorised.
Article 14.06. Settlement of Disputes
1. A Party may not initiate proceedings under article 1907 (intervention of the Commission, good offices, conciliation and mediation) regarding a refusal of authorisation of temporary entry under this chapter or a particular case falling under article 14.03 unless:
a) The case concerns a recurrent practice; and
b) The person affected business have exhausted the available administrative remedies regarding the particular matter.
2. The remedies referred to in paragraph 1 (b) shall be deemed to be exhausted if the competent authority has issued a final decision within six (6) months from the start of the administrative procedure, and resolution is not attributable to delay caused by the business person.
Article 14.07. Relationship to other Chapters
Except as provided in this chapter and initial provisions) (chapters 1, 2 (General definitions), 18 (Administration of the Agreement) and 21 (Final provisions), and articles 17.02 (Information Centre), 17.03 (publication), 17.04 (provision of information (17.06) and administrative procedures for the adoption of measures of general application), no provision of this Agreement shall impose any obligation on a Party regarding its immigration measures.
Annex 14.04 . Temporary entry for business persons
Section A. Business Visitors
1. Each Party shall grant temporary entry and supporting documentation to issue a business person seeking to carry out any business activity listed in the appendix 14.04: (a) (1), without requiring requirements other than those established by the existing immigration measures applicable to temporary entry; and if:
a) Proof of nationality of a party;
b) Documentation attesting to undertake such activities and bring the purpose of entry; and
c) Evidence of the international character of the proposed business activity carried out and that the person is not intended to enter the local labour market.
2. Each Party shall provide that a business person complies with the requirements set out in paragraph 1 (c), when'proving that:
a) The primary source of remuneration for that activity is outside the territory of the party authorizing the temporary entry; and
b) The principal place of business and where actually obtained the largest portion of the earnings is located outside the territory of the party authorizing the temporary entry.
For purposes of this paragraph, the Party shall normally accept a declaration as to the principal place of business and obtaining the profits. where the party requires additional verification, it shall in accordance with its legislation.
3. Each Party shall grant temporary entry on terms no less favourable than those provided for in the measures set out in appendix 14.04: (3) (a), to business persons seeking to carry out certain business activity other than those set out in appendix 14.04: (a) (1).
4. No party may:
a) Requiring as a condition for authorizing temporary entry under paragraph 1 or 3, prior approval procedures, requests, labour certification tests or other procedures of similar effect; or
b) Impose or maintain a numerical restrictions to temporary entry under paragraph 1 or 3.
5. Notwithstanding paragraph 4, a Party may require a business person seeking temporary entry under this section to obtain a visa prior to entry or equivalent document. the Parties shall consider avoiding or removing their visa or equivalent document requirement.
Section B. Traders and Investors
1. Each Party shall grant temporary entry issue and supporting documentation to the business person exercising oversight functions, executive or with expertise, provided that the person complies with existing immigration measures applicable to temporary entry and seeking to:
a) To carry out a substantial trade in goods or services principally between the Territory of the Party of which the person is a national business and the territory of the other party into which entry is sought; or
b) Establish, develop, administer or provide advice or key technical services to administer an investment in which the person or undertaking have committed or are in the process of committing a substantial amount of capital.
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 in accordance with paragraph 1.
3. Notwithstanding paragraph 2, a Party may require a business person seeking temporary entry under this section to obtain a visa prior to entry or equivalent document. the Parties shall consider avoiding or removing their visa or equivalent document requirement.
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 seeks managerial functions, executive or involves specialized knowledge to that enterprise or a subsidiary or affiliate, provided that 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. 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. Notwithstanding paragraph 2, a Party may require a business person seeking temporary entry under this section to obtain a visa prior to entry or equivalent document. the Parties shall consider avoiding or removing their visa or equivalent document requirement.
Annex 14.04 . Specific provisions for the country for temporary entry of business persons
In the case of Chile:
1. It shall be considered that the business persons who enter Chile under any of the categories set out in annex 14.04: activities that are useful or beneficial to the country.
2. The business persons who enter Chile under any of the categories set out in annex 14.04: shall hold a temporary resident visa and may renew the same visa for consecutive periods as long as the conditions justifying its award. such a person may not require permanent residence or change their immigration status, except to comply with the general provisions of aliens (Decreto Ley 1094 of 1975 and Supreme Decree 597 del Ministerio del Interior 1984).
3. The business persons who enter Chile may obtain an identity card for foreigners.
In the case of Costa Rica:
1. It shall be considered that the business persons who enter Costa Rica under any of the categories set out in annex 14.04: activities that are useful or beneficial to the country.
2. The business persons who enter Costa Rica under any of the categories set out in annex 14.04: shall hold a temporary residence and may renew the same residence for consecutive periods as long as the conditions justifying its award. such persons may not request permanent residence or change their immigration status, except to comply with the general provisions of the Migration and Aliens Act (law No. 7033 of 4 August 1986) and its implementing regulations (Executive Decree 19010 31 May 1989).
In the case of El Salvador:
1. It shall be considered that the business persons entering El Salvador under any of the categories set out in annex 14.04: activities that are useful or beneficial to the country.
2. The business persons entering El Salvador under any of the categories set out in annex 14.04: shall hold a permit to stay in business by ninety (90) days which may be extended for another period as may be extended by the General Directorate of Migration, indicating the type of business carried out in the country, may used exclusively for such activities in the event that the nature of its work needed to stay for a longer period shall be accorded the quality of temporary resident by one (1) year, which may be renewed for consecutive periods as long as the conditions justifying its award. such a person may not require permanent residence unless comply with the general provisions of the Migration Act (Decreto Legislativo n ° 2772, of 19 December 1958 and its amendments) and its implementing regulations (Executive Decree No. 33 of 9 May 1959).
In the case of Guatemala:
1. The business persons who enter Guatemala under any of the categories set out in annex 14.04: shall hold a business visa, subject to the provisions of the immigration laws of the country.
2. Business visas shall be issued by the General Directorate of Migration or by the Guatemalan consulates accredited abroad.
3. Visas granted to aliens does not imply its unconditional acceptance in the territory of the Republic, and shall extend existing only in passports and travel documents issued by a competent authority.
In the case of Honduras:
1. It shall be considered that the business persons who enter Honduras under any of the categories set out in annex 14.04: activities that are useful or beneficial to the country.
2. The business persons who enter Honduras under any of the categories set out in annex 14.04: shall hold a temporary resident visa and may renew the same visa for consecutive periods as long as the conditions justifying its award. such a person may not require permanent residence or change their immigration status, except to comply with the general provisions of the Aliens Act (Population and Migration Policy Decree No. 34 of 25 September 1970, and no agreement on procedures on migration 8 facilities to foreign investors and traders of 19 August 1988).
In the case of Nicaragua:
1. It shall be considered that the business person entering Nicaragua under any of the categories of Annex 14.04: activities that are useful or beneficial to the country.
2. The business persons who enter Nicaragua under any of the categories of Annex 14.04: shall hold a temporary residence and may renew the same residence for consecutive periods of up to three (3) years in which the measure is maintained conditions justifying its award. such a person may not require permanent residence or change their immigration status, except to comply with the general provisions of the Migration Act, Act No 153, published in the Gazette No 80 of 30 April 1993 and of the Aliens Act, Act No. 154, published in the Gazette No 81 of 3 May 1993.
Appendix 14.04(A)(1) . Business visitors
Research and design
- Technical, scientific and statistical researchers conducting independent research or for an enterprise established in the territory of the other party.
Cultivation, production and manufacturing
- Purchasing and production personnel, at managerial level, to undertake commercial operation for an enterprise established in the territory of the other party.
Marketing
- Market researchers and analysts conducting independent research or analysis for an enterprise established in the territory of the other party.
- Fairs and promotional personnel attending a trade conventions.
Sales
- Sales representatives and agents taking orders or negotiating contracts for goods and services for an enterprise established in the territory of the other party but not delivering goods or providing services.
- Procurement buyers make for an enterprise established in the territory of the other party.
Distribution
- Customs officers to provide advisory services to facilitate the import or export of goods.
After-sales services
- Staff of installation, maintenance and repair, with monitoring expertise essential to comply with the obligation of the seller; and to provide services, or train workers to provide such services pursuant to a warranty or other service contract related to the sale of commercial or industrial equipment or machinery, including software purchased for an enterprise established outside the territory of the temporary entry into which party is requested, during the life of the warranty or service agreement.
General services
- Consultants conducting business activities at the level of the cross-border provision of services.
- Management and supervisory personnel engaging in commercial operation for an enterprise established in the territory of the other party.
- Financial Services personnel engaging in commercial operation for an enterprise established in the territory of the other party.
- Staff of public relations and advertising to provide advice to customers or attending or participating in conventions.
- Tourism personnel (travel agents and tour guides, tourist or tour operators) attending or participating in conventions or lead any excursion has begun in the territory of the other party.
- Translators and interpreters performing services as employees of a company established in the territory of the other party.
Appendix 14.04: (a) (3) existing immigration measures
In the case of Chile:
Decree Law 1094, paragraph 6 of Title I, Official Journal, 19 July 1975 Aliens Act and Title III of Decreto Supremo 597 del Ministerio del Interior, Official Journal, 24 November 1984, Regulations.
In the case of Costa Rica:
The Migration and Aliens Act, Act No. 7033 of 4 August 1986 Titles II, III, IV, V, VII, VIII and X and regulation of the Migration and Aliens Act, Executive Decree number 19010 31 May 1989.
In the case of El Salvador:
a) Migration, Law N ° Decreto Legislativo 2772 dated 19 December 1958, published in the Official Journal No. 240, I 181, dated 23 December 1958;
b) Migration law regulations, Executive Decree No. 33 dated 9 March 1959, published in the Official Journal No. 56, I 182 dated 31 March 1959; and
c) Aliens Act, Legislative Decree No 299 dated 18 February 1986, published in the Official Journal No. 290 I, 34, dated 20 February 1986.
In the case of Honduras:
The Act of population and migration policies, Decree No. 34 of 25 September 1970 and no agreement on procedures on migration 8 facilities to foreign investors and traders of 19 August 1998.
In the case of Guatemala:
a) Decree No. 95-98, Migration Law, published in the Official Journal of Central America on 23 December 1998, article 85; and
b) Agreement No. 529-99, migration regulations, published in the Official Journal of Central America on 29 July 1999, article 77.
In the case of Nicaragua:
a) Law No. 153 of 24 February 1993, published in the Gazette No 80 of 30 April 1993, chapter II, articles 7 to 40;
b) Law No. 154 of 10 March 1993, published in the Gazette No 81 of 3 May 1993, article 13; and
c) Decree No. 628 Act, pensioners or persons resident in Nicaragua, published in the Gazette No 264 of 19 November 1974.
Part Fifth. Competition Policy
Chapter 15. Competition Policy
Article 15.01. Cooperation
1. The Parties shall ensure that the benefits of this treaty are not undermined by anticompetitive business practices. similarly, endeavour to move towards the adoption of common provisions to prevent such practices.
2. Furthermore, the Parties shall endeavour to establish mechanisms to facilitate and promote the development of competition policy and ensure the implementation of rules on free competition between and within the parties to avoid negative effects of anti-competitive business conduct in the Free Trade Area.
Article 15.02. State Monopolies and Enterprises
1. For the purposes of this article:
Monopoly means an entity, including a consortium or government agency that in any relevant market in the territory of a Party is designated according to its legislation, if it so permits, the sole provider or purchaser of a good or service, but does not include an entity that has been granted an exclusive intellectual property right solely from the award; and
Non-discriminatory treatment means the National Treatment Between better treatment and most-favoured-nation treatment, as set out in the relevant provisions of this Treaty.
2. Nothing in this Treaty shall be construed as preventing a party from maintaining or establishing monopolies and State enterprises, provided that its law so permits.
3. Each Party shall comply with the provisions of this Treaty so that any monopoly or State enterprise maintains that it establishes or acts in a manner that is consistent with the obligations of a Party under this Treaty and accord non-discriminatory treatment to investments of investors, and service providers of goods to another party.
4. This article shall not apply to the procurement of goods or services by government agencies, for governmental purposes and without the intent of commercial resale or use in the production of goods or the supply of services for commercial sale.
Part Sixth. Procurement
Chapter 16. Procurement
Article 16.01. Definitions
For purposes of this chapter:
Special conditions: countervailing measures that impose or an entity shall take into account before or during the procurement procedure to encourage local development or improve balance of payments accounts by means of local content requirements, licensing of the use of technology, investments, counter-trade or similar requirements;
Government procurement means any type of procurement of goods, services or goods and services jointly referred to in the respective laws and conducted by public entities of the Parties. this shall include, inter alia, to public works concessions;
Entities: all public entities of the Parties, except those specified in annex 16.01;
Technical specification means a specification which lays down the characteristics of goods or related processes and production methods, or the characteristics of a service or their related methods of operation, including any applicable administrative provisions. it may also include or deal exclusively with matters relating to terminology, symbols, packaging, marking or labelling process applicable to goods, or production method or operation;
Privatisation means a process by which a public entity is no longer subject to the control of the State, through public supply of actions of the entity or other methods, under the laws in force;
Tendering procedures means those tendering procedures other than direct contracting; and
Supplier means a person of a Party that provides goods or services in accordance with this chapter.
Article 16.02. Objective and Scope
1. The objective of this chapter is to create and maintain a single market of public procurement with the aim of maximizing business opportunities for suppliers and reducing trade costs of the public and private sectors of the Parties.
2. In order to achieve this objective, each Party shall:
a) That suppliers of the other Party to participate on an equal footing in public procurement;
b) The principles of non-discrimination and transparency in public procurement in accordance with this chapter; and
c) The development of mechanisms for cooperation and technical assistance.