1. The Parties recognize that digitization and the use of data in the digital economy promote economic growth. To support the cross-border transfer of information by electronic means and promote data-driven innovation in the digital economy, the Parties further recognize the need to create an environment that enables, supports, and is conducive to experimentation and innovation.
2. The Parties will strive to support data innovation through:
(a) collaborate on data exchange projects, including projects involving researchers, academics and industry;
(b) cooperate in the development of policies and standards for data portability; and.
(c) share research and industrial practices related data innovation.
Article 13.17. Review
The Parties recognize the importance of discussions relating to trade-related aspects of electronic commerce in which WTO Members participate. To the extent that agreements are reached on this issue, the Parties agree to jointly review the results, as appropriate, with a view to determining whether this Chapter could be modified, so that such results are incorporated into this Treaty.
Article 13.18. Relationship with other Chapters
In case of an incompatibility between this Chapter and another chapter, the other chapter shall be evaluated to the extent of the incompatibility.
Chapter 14. Temporary Entry of Business Persons
Article 14.1. General Principles
1. In addition to the provisions of Article 1.2 (Objectives), this Chapter reflects the preferential trade relationship that exists between the Parties, the mutual objective of facilitating the temporary entry of business persons in accordance with their national legislation and the provisions of Annex 14.3.1, and the need to establish transparent criteria and procedures for the temporary entry of business persons. It also reflects the need to ensure border security and protect the national labor force and permanent employment in their respective territories.
2. This Chapter does not apply to measures affecting natural persons of one Party seeking access to the labor market of the other Party, nor to measures related to citizenship, nationality, permanent residence, or permanent employment, in which case, the regulations of each country shall apply.
Article 14.2. General Obligations
1. Each Party shall apply its measures relating to the provisions of this Chapter in accordance with Article 14.1, and in particular shall apply them expeditiously to avoid undue delay or impairment in trade in goods or services or in the conduct of investment activities in accordance with this Agreement.
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 into or their temporary stay in its territory, including those measures necessary to protect the integrity of its borders and to ensure the orderly movement of natural persons across its borders, in accordance with its domestic regulations provided that such measures are not applied in a manner that unduly delays or impairs the benefits accruing to the other Party under the terms of specific categories in Annex 14.3.1.
3. The mere fact of requiring a visa for natural persons shall not be deemed to nullify or impair the provisions of this Agreement.
Article 14.3. Temporary Entry Authorization
1. In accordance with the provisions of this Chapter, each Party shall authorize the temporary entry of business persons who comply with the immigration measures applicable to temporary entry and other related measures, in accordance with the national regulations of each country, such as those relating to public health and safety and national security.
2. Each Party shall establish the value of fees for processing applications for temporary entry of business persons, where appropriate, in a manner that does not unduly delay or impair trade in goods or services or the conduct of investment activities in accordance with this Agreement, and does not exceed the approximate administrative costs.
3. The authorization of temporary entry under this Chapter does not replace the requirements for the exercise of a profession or activity in accordance with the specific regulations in force in the territory of the Party authorizing the temporary entry.
4. A Party may deny employment authorization to a business person in accordance with its legislation when the temporary entry of that person adversely affects the employment of that person:
(a) the settlement of any labor dispute in progress at the place where she is or will be employed; or
(b) employment of any person involved in such a conflict
5. When a Party refuses to issue a migration document authorizing employment in accordance with paragraph 4, the business person concemed shall be informed in accordance with the domestic regulations of each Party.
Article 14.4. Exchange of Information
1. In addition to Article 22.2 (Publication), and recognizing the importance to the Parties of transparency of information on the temporary entry of business persons, each Party shall:
(a) provide the other Party with relevant information materials to enable it to become acquainted with its measures relating to this Chapter,
(b) no later than one year after the date of entry into force of this Agreement, prepare, publish and make available materials explaining the requirements for the temporary entry of business persons pursuant to this Chapter, so that business persons of the other Party may become acquainted with them; and
(c) establish mechanisms for the exchange of migratory information on the temporary entry of business persons, in accordance with their national legislation.
2. Each Party shall collect, maintain and make available to the other Party, upon request and accordance with its respective national legislation, information regarding the granting of temporary entry authorizations for persons, in accordance with this Chapter to business persons of the other Party to whom it has issued migratory documentation, in order to include specific information regarding each category authorized in Annex 14.3.1.
Article 14.5. Working Group on Temporary Entry of Business Persons
1. The Parties establish the Working Group on Temporary Entry of Business Persons (hereinafter referred to as "the Working Group"), composed of representatives of each Party, including immigration officials and focal points in accordance with paragraph 4.
2. The functions of the Working Group shall include, among other matters of mutual interest:
(a) review the implementation and administration of this Chapter,
(b) report to the Commission on the implementation and administration of this Chapter, as appropriate,
(c) establish procedures for the exchange of information on measures affecting the temporary entry of business persons pursuant to this Chapter;
(d) consider developing measures to further facilitate the temporary entry of business people;
(e) compliance with the matters established in accordance with the provisions of Article 14.6; and
(f) to deal with any other matter related to this Chapter.
3. Unless otherwise agreed by the Parties, the Working Group shall meet, when necessary, at the request of a Party, to consider the matters referred to in the preceding paragraph.
4. The Working Group will be composed of:
(a) for Costa Rica, by representatives of the Ministry of Foreign Trade of Costa Rica, the Ministry of Labor and Social Security and the General Directorate of Immigration and Alien Affairs, or their successors;
(b) for Ecuador, by representatives of the Ministry of Foreign Affairs and Human Mobility, the Ministry of the Interior and the Ministry of Production, Foreign Trade, Investment and Fisheries, or their successors.
5. The meetings may be held in person or by any technological means. When they are held. in person, they shall be held alternately in the territory of each Party, and the host Party shall be responsible for organizing and chairing the meeting, unless otherwise agreed by the Parties.
Article 14.6. Cooperation
Taking into consideration the principles set forth in Article 14.1, the Parties shall endeavor to the extent possible:
(a) cooperate to strengthen institutional capacity and promote technical assistance among migration authorities;
(b) exchange information and experiences on regulations and implementation of programs and technology in the framework of immigration matters, including those related to the use of biometric technology, advance passenger information systems, frequent flyer programs and travel document security; and
(c) strive to actively coordinate in multilateral fora to promote the facilitation of temporary entry of business people.
Article 14.7. Settlement of Disputes
1. A Party may not initiate dispute settlement proceedings under Chapter 24 (Dispute Settlement) of this Agreement with respect to a denial of temporary entry authorization under this Chapter unless:
(a) the matter concerns a recurring practice; and
(b) the business person concerned has exhausted, in accordance with applicable national law, the administrative remedies available to it in respect of that particular matter.
2. The remedies referred to in subparagraph 1 (b) shall be deemed exhausted when the competent authority has not issued a final decision within a period of up to one year from the initiation of an administrative proceeding, and the decision has been delayed for causes that are not attributable to the business person concerned.
Article 14.8. Relationship to other Chapters
1. Nothing in this Agreement shall be construed to impose any obligation on the Parties with respect to their migration measures, provided, however, that the provisions of this Chapter and Chapters 1 (Initial Provisions and General Definitions), 22 (Transparency), 23 (Administration of the Agreement), 24 (Dispute Settlement), 25 (Exceptions) and 26 (Final Provisions) shall apply.
2. Nothing in this Chapter shall be construed to impose any obligations or commitments with respect to other Chapters of this Agreement.
Article 14.9. Definitions
For the purposes of this Chapter, the following definitions shall :
business activities means those legitimate activities of a commercial nature created and operated for the purpose of making a profit in the marketplace. It does not include the possibility of obtaining employment, or wages or remuneration from a labor source in the territory of a Party;
executive means a business person in an organization who primarily directs the management of the organization, exercises broad decision-making, and receives only general supervision or direction from senior executives, the board. of directors and/or shareholders of the business;
temporary entry means entry into the territory of a Party by a business person of the other Party, without the intention of establishing permanent residence;
specialist means an employee who possesses specialized knowledge of the company's products or services, technical expertise or an advanced level of experience or knowledge of the company's processes and procedures;
Manager means a business person in an organization who primarily directs the organization or a department or subdivision of the organization, supervises and controls the work of other supervisory, professional or managerial employees, has the authority to hire and fire, or take other personnel actions (such as authorizing promotions or leaves), and exercises discretionary authority in day-to-day operations;
national means national as defined in Article 1.6 (Definitions of General Application), but does not include permanent residents; and
business person means a national of a Party engaged in trade in goods or the supply of services, or in investment activities.
Annex 14.3.1. Business Person Categories
Section A. Business Visitors
1. Each Party shall authorize temporary entry and issue supporting documentation, in accordance with the laws of each Party, to a business person who intends to carry out a business activity referred to in Appendix 14.3.1-A, provided that the business person complies with the immigration measures applicable to temporary entry, upon presentation of:
(a) proof of nationality of a Party;
(b) documentation evidencing that the business person will undertake any business activity set forth in Appendix 1 and stating the purpose entry; and
(c) proof of the international character of the business activity proposed to be undertaken and that the person does not intend to enter the local labor market.
2. Each Party shall stipulate that a business person meets the requirements set forth in subparagraph 1 (c) when it demonstrates that:
(a) the principal source of remuneration for the proposed business activity is outside the territory of the Party authorizing temporary entry; and
(b) the principal place of business and where profits are actually earned is outside the territory authorizing temporary entry.
For the purposes of this paragraph, the Party authorizing temporary entry shall normally accept a declaration as to the principal place of business and the place where profits are actually earned. Where the Party requires additional verification, it shall do so in accordance with its legislation.
3. No Party may:
(a) require, as a condition for authorizing temporary entry under paragraph 1, prior approval procedures, petitions, proof of labor certification or other procedures of similar effect; or
(b) impose or maintain numerical restrictions on temporary entry in accordance with paragraph 1.
4. Notwithstanding paragraph 3, a Party may require a business person requesting temporary entry under this Section to obtain a visa or equivalent requirement prior to entry.
Section B. Business Persons and Investors
1. Each Party shall authorize temporary entry and issue supporting documentation to the business person, in accordance with the laws of each Party, provided that the business person complies with the immigration measures in force applicable to the temporary entry sought:
(a) to engage in substantial trade in goods or services, principally between the territory of the Party of which the business person is a national and the territory of the other Party from which entry is sought;
(b) establish, develop, manage or provide key technical advice or services to manage an investment in which the business person or its enterprise has committed, or is in the process of committing, a significant amount of capital under its laws.
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. Notwithstanding paragraph 2, a Party may require a business person requesting temporary entry under this Section to obtain a visa or equivalent requirement prior to entry.
Section C. Transfers of Personnel Within an Enterprise
1. Each Party shall temporary entry and issue supporting documentation, in accordance with the laws of each Party, to a business person employed by an enterprise (1), who is transferred to serve as an executive, manager, or specialist in such enterprise! or in one of its subsidiaries or affiliates, provided that such person and such enterprise comply with existing immigration measures applicable to temporary entry. Each Party may require that the person must have been employed by the enterprise continuously for one year within the three years immediately preceding the date of filing the application for temporary entry. If necessary, a Party may require documentation from the enterprise supporting the corporate transfer and the function to be performed by the person to be transferred.
2. For greater certainty, nothing in this Section shall be construed in the sense that affects the labor or professional practice legislation of each Party.
3. For greater certainty, in accordance with its national legislation, a Party may require that the transferred business person render the services under a subordinate relationship in the receiving enterprise.
4. A Party may require a business person requesting temporary entry under this Section to obtain a visa or equivalent requirement prior to entry.
5. The business person who has entered the territory of the other Party with the authorization of temporary entry under this Chapter, may request the change of migratory category, in accordance with the national legislation of each Party.
Appendix 14.3.1. Business Visitors
Business activities covered under Section A of Exhibit 14.3.1 include:
1. Meetings and Consulting:
Business people attending meetings, seminars or conferences, or consulting engagements.
2. Research and Design:
Technical, scientific and statistical researchers conducting independent research or research for an enterprise established in the territory of the other .
3. Cultivation, Manufacturing and Production:
Procurement and production personnel, at management level, who conduct business operations for an enterprise established in the territory of the other Party.
4. Marketing:
(a) Market researchers and analysts who conduct research or analysis independently or for a company established in the territory of the other Party.
(b) Trade show and promotional staff attending trade conventions. 5. Sales: (a) Sales representatives and sales agents who take orders or negotiate contracts for goods or services for an enterprise established in the territory of the other Party, but do not deliver the goods or supply the services.
(b) Purchasers making purchases for an enterprise established in the territory of the other Party.
6. Distribution:
Customs agents providing advisory services to facilitate the import or export of goods.
7. 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 those services pursuant to a warranty or other service contract in connection with the sale of commercial or industrial equipment or machinery, including the goods and services purchased from a company established outside the territory of the Party from which temporary entry is requested, during the term of the warranty or service contract.
8. General Services:
(a) Management and supervisory personnel engaged in business operations for an enterprise located in the territory of the other Party.
(b) Financial services personnel engaged in commercial operations for an enterprise established in the territory of the other Party. For greater certainty, this activity must be in conformity with the legislation on financial matters of the Party granting entry.
(c) Public relations and advertising personnel who advise clients or attend or participate in conventions.
(d) Tourism personnel (tour and travel agents, tour guides or tour operators) attending or participating in conventions.
(e) Specialized kitchen personnel who attend or participate in gastronomic events or exhibitions, train or provide advice to customers, related to gastronomy in the territory of the other Party.
(f) Translators or interpreters providing services as employees of an enterprise located in the territory of the other Party, except for those services which, in accordance with the legislation of the Party authorizing temporary entry, must be provided by authorized translators.
(g) Information and communications technology service providers who attend meetings, seminars or conferences or who carry out consultancies.
(h) Marketers and franchise development consultants wishing to offer their services in the territory of the other Party.
Annex 14.3.2. Migratory Measures in Force
The following immigration measures are listed below for transparency purposes:
For Costa Rica:
(a) General Law on Migration and Foreigners of August 19, 2009, Law No. 8764, and its regulations and amendments.
For Ecuador:
(a) Organic Law on Human Mobility of February 6, 2017, Official Gazette Supplement No. 938, and its Regulation of March 10, 2022, Third Official Gazette Supplement No. 18.
Chapter 15. Investment
Section A. Substantive Obligations
Article 15.1. Scope and Coverage (1)
1. This Chapter applies to measures adopted or maintained by a Party relating to:
(a) investors of the other Party;
(b) covered investments; and.
(c) with respect to Articles 15.7 and 15.9, to all investments in the territory of the Party.
2. The obligations of a Party under this Section shall apply to a state enterprise or other person only when it exercises regulatory, administrative or other governmental authority delegated to it that Party, such as the authority to expropriate, grant licenses, approve commercial transactions or impose fees, dues or other charges.
3. For greater certainty, this Chapter does not bind a Party in relation to any act, fact or dispute that took place or any situation that ceased to exist prior to the date of entry into force of this Agreement regardless of the consequences of such acts, facts or situations.
4. For greater certainty, nothing in this Chapter shall be construed to impose an obligation on a Party to privatize any investment that it owns or controls, or to prevent a Party from designating a monopoly.
5. For greater certainty, nothing in this Chapter shall obligate a Party to protect investments made with capital or assets derived from illegal activities, and shall not be construed to prevent a Party from adopting or maintaining measures designed to preserve public order, the performance of its duties to maintain or restore international peace and security, or the protection of its own essential security interests.
6. In the event of any inconsistency between this Chapter and another Chapter of this Agreement, the other Chapter shall prevail to the extent of the inconsistency.
7. A Party's requirement that a service supplier of the other Party post a bond or other form financial security as a condition for supplying a cross-border service does not, of itself, make this Chapter applicable to measures adopted or maintained by the Party i-in respect of the cross-border supply of the service. This Chapter applies to measures adopted or iiimaintained by the Party with respect to the bond or financial guarantee, to the extent that such bond or financial guarantee constitutes a covered investment.
S. This Chapter does not apply to measures adopted or maintained by a Party relating to financial services.
Article 15.2. Right to Regulate
The Paties reaffirm their right to regulate in their ten itoiios to achieve legitimate public policy objectives, such as security and public order, protection public health, environment, human rights, social or consumer protection, promotion and protection of cultural diversity or gender equality.
Article 15.3. National Treatment
1, Each Party shall accord to investors of the other Party treatment no less favorable than that it accords, in like circumstances, to its own investors with respect to the establishment, acquisition, expansion, management, conduct, operation and sale or other disposition of investments in its territory.
2. Each Party shall accord to covered investments treatment no less favorable than that; it accords, in like circumstances, to investments of its own investors with respect to the establishment, acquisition, expansion, management, conduct, operation and sale or other disposition of investments in its territory.
Article 15.4. Most-Favored-Nation Treatment
1. Each Party shall accord to investors of the other Party treatment no less favorable than that it accords, in like circumstances, to investors of non-Party with respect to the establishment, acquisition, expansion, management, conduct, operation and sale or other disposition of investments in its territory.
2. Each Party shall accord to covered investments a treatment no less favorable than that it accords, in like circumstances, to investments of investors of non-Party with respect to the establishment, acquisition, expansion, management, conduct, operation and sale or other disposition of investments in its tenitorium.