3. A Party shall not:
(a) as a condition for temporary entry and the issuance of a work permit under paragraph 1 or 2, require labour market tests or other procedures of similar effect; or
(b) impose or maintain any numerical restriction relating to temporary entry and the issuance of a work permit under paragraph 1 or 2.
Section D. Professionals
1. Each Party shall grant temporary entry and a work permit for a period of up to one year (2), with extensions possible, to a professional who otherwise complies with immigration measures applicable to temporary entry and upon presentation of documentation demonstrating that the professional is seeking to enter the territory of the other Party to provide services which have been contracted prior to entry and in the field for which the professional has the appropriate qualifications.
2. Provided that the spouse of a business person admitted pursuant to paragraph 1 of this Section D complies with immigration measures applicable to temporary entry, each Party shall grant temporary entry and, upon request, a work permit to that spouse. If a work permit is required, it may be granted either at the time the spouse is granted temporary entry or after the spouse enters the territory of that Party. The duration of temporary entry must coincide with that of the business person the spouse is accompanying.
3. A Party shall not:
(a) as a condition for temporary entry and the issuance of a work permit under paragraph 1 or 2, require labour market tests or other procedures of similar effect; or
(b) impose or maintain any numerical restriction relating to temporary entry and the issuance of a work permit under paragraph 1 or 2.
Appendix 21-1. Activities for Business Visitors
Meetings and Consultations
Business persons attending meetings, seminars, or conferences; or engaged in consultations with business associates.
Research and Design
Technical, scientific, or statistical researchers conducting independent research or research for an enterprise located in the territory of the other Party.
Growth, Manufacture and Production
Purchasing or production management personnel, conducting commercial transactions for an enterprise located in the territory of the other Party.
Marketing
Market researchers or analysts conducting research or analysis independently or for an enterprise located in the territory of the other Party.
Trade-fair or promotional personnel attending a trade convention.
Sales
Sales representatives or agents taking orders or negotiating contracts for goods or services for an enterprise located in the territory of the other Party but not delivering goods or providing services.
Buyers purchasing for an enterprise located in the territory of the other Party.
Distribution
Transportation operators transporting goods or passengers to the territory of a Party from the territory of the other Party or loading and transporting goods or passengers from the territory of a Party, with no unloading in that territory, to the territory of the other Party.
Customs brokers providing consulting services regarding the facilitation of the import or export of goods.
After-Sales or After-Lease Service
Installers, repair or maintenance personnel, or supervisors, possessing specialized knowledge essential to a seller's contractual obligation, performing services or training workers to perform services, pursuant to a warranty or other service contract incidental to the sale or lease of commercial or industrial equipment or machinery, including computer software, purchased or leased from an enterprise located outside the territory of the Party into which temporary entry is sought, during the life of the warranty or service agreement.
General Service
Individuals engaged in a non-remunerated business activity associated to an occupation set out in Appendix 21-2.
Management or supervisory personnel engaging in a commercial transaction for an enterprise located in the territory of the other Party.
Financial services personnel, including insurers, bankers, or investment brokers, engaging in commercial transactions for an enterprise located in the territory of the other Party.
Tourism personnel, including tour and travel agents, tour guides, or tour operators, attending or participating in conventions or conducting a tour that has begun in the territory of the other Party.
Translators or interpreters performing services as employees of an enterprise located in the territory of the other Party.
Appendix 21-1. Professionals
The following occupations are covered under this Chapter:
all occupations listed, with respect to Canada's commitments to Ukraine, in NOC TEER 0 and NOC TEER 1, and with respect to Ukraine's commitments to Canada, in Section 1 (Subsections 12, 13, 14), Section 2 and Section 3 of National Classifier of Ukraine "Occupation Classifier", except for:
all health, education, and social services occupations and related occupations;
all professional occupations related to Cultural Industries;
Recreation, Sports, and Fitness Program and Service Directors;
Managers in Telecommunications Carriers;
Managers in Postal and Courier Services; and
Judges, Lawyers, and Notaries except for Foreign Legal Consultants.
Chapter 22. Telecommunications
Article 22.1. Definitions
For the purposes of this Chapter:
cost-oriented means based on cost, and may include a reasonable profit, and may involve different cost methodologies for different facilities or services;
end-user means a final consumer of or subscriber to a public telecommunications service, including a service supplier other than a supplier of public telecommunications services;
enterprise means an "enterprise" as defined in Article 1.5 (Definitions of General Application) and a branch of an enterprise;
essential facilities means facilities of a public telecommunications network or service that:
(a) are exclusively or predominantly provided by a single or a limited number of suppliers; and
(b) cannot feasibly be economically or technically substituted in order to supply a service;
interconnection means linking with suppliers providing public telecommunications networks or services to allow the users of one supplier to communicate with users of another supplier and to access services provided by another supplier;
leased circuits means telecommunications facilities between two or more designated points that are set aside for the dedicated use of, or availability to, particular users;
licence means any authorisation that a Party may require of a person, in accordance with its laws and regulations, in order for such a person to offer a telecommunications network or service, including concessions, permits, or registrations;
major supplier means a supplier that has the ability to materially affect the terms of participation having regard to price and supply in the relevant market for public telecommunications networks or services as a result of:
(a) control over essential facilities; or
(b) the use of its position in the market;
network element means a facility or equipment used in supplying a public telecommunications service, including features, functions, and capabilities provided by means of that facility or equipment;
non-discriminatory means treatment no less favourable than that accorded to any other user of like public telecommunications networks or services in like circumstances;
number portability means the ability of end-users of public telecommunications services to retain the same telephone numbers when switching between suppliers of public telecommunications services;
physical co-location means access to space in order to install, maintain, or repair equipment at premises owned or controlled and used by a major supplier to supply public telecommunications services;
public telecommunications network means telecommunications infrastructure used to provide public telecommunications services between and among defined network termination points;
public telecommunications service means a telecommunications service that a Party requires, explicitly or in effect, to be offered to the public generally that involves the real‑time transmission of customer-supplied information between two or more points without any end-to-end change in the form or content of the customer's information. This service may include telephone and data transmission;
reference interconnection offer means an interconnection offer extended by a major supplier and filed with, approved by, or determined by a telecommunications regulatory body that sufficiently details the terms, rates, and conditions for interconnection so that a supplier of public telecommunications services that is willing to accept it may obtain interconnection with the major supplier on that basis, without having to engage in negotiations with the major supplier concerned;
telecommunications means the transmission and reception of signals by electromagnetic means;
telecommunications regulatory body means any body or bodies responsible for the regulation of telecommunications;
user means an end-user or a supplier of public telecommunications networks or services; and
virtual co-location means an arrangement whereby a requesting supplier that seeks co‑location may specify equipment to be used in the premises of a major supplier but does not obtain physical access to those premises and allows the major supplier to install, maintain, and repair that equipment.
Article 22.2. Scope of Application
1. This Chapter applies to measures of a Party affecting trade in public telecommunications services, including:
(a) a measure adopted or maintained by a Party in relation to access to and use of a public telecommunications service;
(b) a measure adopted or maintained by a Party relating to an obligation of a supplier of a public telecommunications service; and
(c) any other measure adopted or maintained by a Party relating to a public telecommunications service.
2. This Chapter shall not apply to measures affecting the cable or broadcast distribution of radio or television programming, except to ensure that cable or broadcast service suppliers have access to and use of public telecommunications networks and services.
3. Nothing in this Chapter shall be construed to:
(a) require a Party to authorize an enterprise of the other Party to establish, construct, acquire, lease, operate, or supply a telecommunications network or service, other than the former Party's commitments under Chapter 18 (Cross‑Border Trade in Services); or
(b) require a Party, or require a Party to oblige an enterprise under its jurisdiction, to establish, construct, acquire, lease, operate, or supply a telecommunications network or service not provided to the public generally.
Article 22.3. Approaches to Regulation
1. The Parties recognise the value of competitive markets to deliver a wide choice in the supply of telecommunications services and to enhance consumer welfare, and that regulation may not be needed if there is effective competition. Accordingly, the Parties recognise that regulatory needs and approaches differ market by market, and that each Party may determine how to implement its obligations under this Chapter.
2. In this respect, the Parties recognise that a Party may:
(a) engage in direct regulation either in anticipation of an issue that the Party expects may arise or to resolve an issue that has already arisen in the market;
(b) rely on the role of market forces, particularly with respect to market segments that are, or are likely to be, competitive or that have low barriers to entry, such as services provided by suppliers of telecommunications services that do not own network facilities; or
(c) use any other appropriate means that benefit the long-term interest of end‑users.
Article 22.4. Access to and Use of Public Telecommunications Networks or Services
1. Each Party shall ensure that an enterprise of the other Party is accorded access to and use of public telecommunications networks and services, including leased circuits, offered in its territory or across its borders, and on terms and conditions that are reasonable and non‑discriminatory, through paragraphs 2 through 6.
2. Subject to paragraphs 5, 6, and 7, each Party shall ensure that enterprises of the other Party are permitted to:
(a) purchase or lease and attach terminal or other equipment that interfaces with a public telecommunications network and that is necessary to supply their services;
(b) connect leased or owned circuits with public telecommunications networks and services, or with circuits leased or owned by another service supplier;
(c) use operating protocols of their choice; and
(d) perform switching, signalling, processing and conversion functions.
3. Each Party shall ensure that enterprises of the other Party may use public telecommunications networks and services for the movement of information in its territory or across its borders, including for intra-corporate communications of such service suppliers, and for access to information contained in databases or otherwise stored in machine-readable form in the territory of any Party.
4. Notwithstanding paragraph 3, a Party may take measures that are necessary to ensure the security and confidentiality of messages and to protect the personal information of end users of public telecommunications networks or services, provided that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade in services.
5. Each Party shall ensure that no condition is imposed on access to and use of public telecommunications networks and services, other than as necessary to:
(a) safeguard the public service responsibilities of suppliers of public telecommunications networks and services, in particular their ability to make their networks or services available to the public generally; or
(b) protect the technical integrity of public telecommunications networks or services.
6. For greater certainty, a Party may impose a condition on access to and use of public telecommunications networks and services pursuant to Article 29.3 (National Security).
7. Provided that they satisfy the criteria set out in paragraph 5, conditions for access to and use of public telecommunications networks and services may include:
(a) a requirement to use specified technical interfaces, including interface protocols, for connection with public telecommunications networks and services;
(b) a requirement, where necessary, for the inter-operability of public telecommunications networks and services;
(c) type approval of terminal or other equipment that interfaces with public telecommunications networks and technical requirements relating to the attachment of such equipment to public telecommunications networks;
(d) a restriction on connection of leased or owned circuits with public telecommunications networks or services or with circuits leased or owned by other service suppliers; or
(e) a requirement for notification and licensing.
Article 22.5. Number Portability
Each Party shall ensure that a supplier of public telecommunications services in its territory provides mobile number portability without impairment to quality and reliability for mobile services, on a timely basis, and on terms and conditions that are reasonable and non‑discriminatory.
Article 22.6. Competitive Safeguards
1. Each Party shall adopt or maintain appropriate measures for the purpose of preventing suppliers that, alone or together, are a major supplier from engaging in or continuing anti‑competitive practices.
2. The anti-competitive practices referred to in paragraph 1 shall include, in particular:
(a) engaging in anti-competitive cross-subsidisation;
(b) using information obtained from competitors with anti-competitive results; and
(c) not making available to other suppliers of public telecommunications networks or services, on a timely basis, technical information about essential facilities and commercially relevant information which are necessary for them to provide services.
Article 22.7. Treatment by Major Suppliers
1. Each Party shall ensure that a major supplier in its territory accords to suppliers of public telecommunications networks or services of the other Party treatment no less favourable than that such major supplier accords in like circumstances to its subsidiaries and affiliates, or non-affiliated service suppliers, regarding:
(a) the availability, provisioning, rates, or quality of like public telecommunications services; and
(b) the availability of technical interfaces necessary for interconnection.
Article 22.8. Resale
Each Party may determine, in accordance with its laws and regulations, which public telecommunications services must be offered for resale by a major supplier based on the need to promote competition or to benefit the long-term interests of end-users. Where a Party has determined that a service must be offered for resale by a major supplier, that Party shall ensure that any major supplier in its territory does not impose unreasonable or discriminatory conditions or limitations on the resale of that service.
Article 22.9. Interconnection: Obligations Relating to Suppliers of Public Telecommunications Services
1. Each Party shall ensure that a supplier of public telecommunications services in its territory provides, directly or indirectly, interconnection with the suppliers of public telecommunications networks or services of the other Party.
2. Each Party shall provide its telecommunications regulatory body with the authority to require interconnection at reasonable rates.
3. In carrying out paragraph 1, each Party shall ensure that suppliers of public telecommunications services in its territory take reasonable steps to protect the confidentiality of commercially sensitive information of, or relating to, suppliers and end‑users of public telecommunications services obtained as a result of interconnection arrangements and that those suppliers only use that information for the purpose of providing these services.
Article 22.10. Interconnection: Obligations Relating to Major Suppliers
1. Each Party shall ensure that a major supplier in its territory provides interconnection for the facilities and equipment of suppliers of public telecommunications networks and services of the other Party at any technically feasible point in the major supplier's network. Such interconnection shall be provided:
(a) under non-discriminatory terms, conditions (including technical standards and specifications), and rates;
(b) of a quality no less favourable than that provided by the major supplier for its own like services, for like services of non-affiliated service suppliers, or for its subsidiaries or other affiliates;
(c) on a timely basis, and on terms and conditions (including technical standards and specifications) and at cost-oriented rates that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the supplier of public telecommunications networks or services of the other Party need not pay for network elements or facilities that it does not require for the services to be provided; and
(d) upon request, at points in addition to the network termination points offered to the majority of suppliers of public telecommunications networks and services, subject to charges that reflect the cost of construction of necessary additional facilities.
2. Each Party shall ensure that a major supplier in its territory provides suppliers of public telecommunications services of the other Party with the opportunity to interconnect their facilities and equipment with those of the major supplier through at least one of the following options:
(a) a reference interconnection offer or any other interconnection offer containing the rates, terms, and conditions that the major supplier offers generally to suppliers of public telecommunications services;
(b) the terms and conditions of an interconnection agreement that is in effect; or
(c) a new interconnection agreement through commercial negotiation.
3. Each Party shall ensure that the procedures applicable for interconnection to a major supplier are made publicly available.
4. Each Party shall provide means for suppliers of the other Party to obtain the rates, terms, and conditions necessary for interconnection offered by a major supplier. Those means include, at a minimum, ensuring the public availability of:
(a) interconnection agreements that are in effect between a major supplier in its territory and other suppliers of public telecommunications services in its territory;
(b) rates, terms, and conditions for interconnection with a major supplier set by the telecommunications regulatory body or other competent body; or
(c) a reference interconnection offer.
Services for which those rates, terms, and conditions are made publicly available do not have to include all interconnection-related services offered by a major supplier, as determined by a Party under its laws and regulations.
Article 22.11. Access to Essential Facilities
1. Each Party shall ensure that a major supplier in its territory makes available its essential facilities, which may include network elements and associated facilities, to suppliers of public telecommunications services of the other Party on reasonable and non‑discriminatory terms and conditions.
2. Each Party shall provide its regulatory body with the authority to determine those essential facilities required to be made available in its territories, in accordance with its laws and regulations.
Article 22.12. Co-location
1. Each Party shall ensure that a major supplier that has control over essential facilities in its territory allows suppliers of public telecommunications services of the other Party physical co-location of their equipment necessary for interconnection or access to unbundled network elements, based on a generally available offer on a timely basis, and on terms and conditions, including technical feasibility and space availability where applicable, and at rates that are reasonable, non-discriminatory, and transparent.
2. Where physical co-location is not practical for technical reasons or because of space limitations, each Party shall endeavour to ensure that a major supplier in its territory provides an alternative solution, such as facilitating virtual co-location, based on a generally available offer, on a timely basis, and on terms and conditions and at cost‑oriented rates that are reasonable, non-discriminatory, and transparent.
3. A Party may determine, in accordance with its laws and regulations, which premises owned or controlled by major suppliers in its territory are subject to paragraphs 1 and 2, having regard to factors such as the state of competition in the market where co‑location is required, and whether such premises can feasibly be economically or technically substituted in order to provide a competing service.
Article 22.13. International Submarine Cable Systems
Where a Party has authorised a major supplier in its territory to operate an international submarine cable system as a public telecommunications service, that Party shall ensure that the major supplier accords a supplier of public telecommunications services of the other Party access to the international submarine cable system on reasonable and non-discriminatory terms and conditions.
Article 22.14. Independent Telecommunications Regulatory Body
1. Each Party shall ensure that its telecommunications regulatory body is separate from, and not accountable to, any supplier of public telecommunications services. With a view to ensuring the independence and impartiality of telecommunications regulatory bodies, each Party shall ensure that its telecommunications regulatory body does not hold a financial interest or maintain an operating or management role in any supplier of public telecommunications services.
2. Each Party shall ensure that the regulatory decisions of, and the procedures used by, its telecommunications regulatory body are impartial with respect to all market participants.