Chapter 11. MOVEMENT OF NATURAL PERSONS
ARTICLE 11.1
Scope
1. This Chapter applies to measures affecting the temporary entry and stay of natural persons of a State Party into the territory of another State Party under any of the categories referred to in the latter-mentioned State Party's Appendix in Annex 11-A (Schedules of Commitments on Movement of Natural Persons).
2. This Chapter shall not apply to measures affecting natural persons of a State Party seeking access to the employment market of another State Party, nor shall it apply to measures regarding citizenship, nationality, permanent residence, or employment on a permanent basis.
3. The sole fact of requiring a visa for natural persons shall not be regarded as nullifying or impairing the provisions of this Agreement.
4. Nothing in this Agreement shall be construed to prevent a State Party from applying measures to regulate the entry of natural persons of another State Party 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, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to another State Party under this Chapter.
ARTICLE 11.2
Definitions
For the purposes of this Chapter:
(a) "natural person" means a natural person of a State Party as defined in subparagraph (e) of Article 10.2 of Chapter 10 (Trade in Services);
(b) "temporary entry and stay" means entry and stay by a natural person of a State Party as covered by this Chapter without the intent to establish permanent residence; and
(c) "immigration formality" means a visa, permit, pass or electronic authorisation or other document granting temporary entry and stay.
ARTICLE 11.3
General principles
This Chapter reflects the common objective to facilitate the temporary entry and stay of natural persons in accordance with the State Parties' commitments in their respective Appendices in Annex 11-A (Schedules of Commitments on Movement of Natural Persons), and the need to establish transparent information on and procedures for the temporary entry and stay.
ARTICLE 11.4
Grant of temporary entry and stay
1. Each State Party shall grant temporary entry and stay to natural persons who comply with measures applicable to temporary entry and stay and other related measures, such as those related to public health and safety and national security, in accordance with this Chapter, to the extent provided for in that State Party's commitments in its Appendix in Annex 11-A (Schedules of Commitments on Movement of Natural Persons).
2. Each State Party shall set out in its Appendix in Annex 11-A (Schedules of Commitments on Movement of Natural Persons) the commitments it makes with regard to temporary entry and stay of natural persons which shall specify the conditions and limitations for temporary entry and stay, including the length of stay, for each category of persons specified by that State Party.
3. For greater certainty, nothing in this Chapter shall prevent a State Party or its relevant professional bodies from adopting or maintaining any applicable licensing or other requirements.
4. The sole fact that a State Party grants temporary entry and stay to a natural person of another State 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 practise a profession or otherwise engage in business activities.
ARTICLE 11.5
Application procedures
1. The competent authorities of each State Party shall, as expeditiously as possible, process applications for an immigration formality of natural persons of another State Party, including applications for extensions thereof.
2. Upon request by an applicant, the competent authorities of a State Party shall provide, without undue delay, information concerning the status of the application.
3. The competent authorities of each State Party shall notify the applicant of the outcome of the application after a decision has been taken. The notification shall include, if applicable, the period of stay and any other terms and conditions.
4. The State Parties shall endeavour to accept and process applications in electronic format.
ARTICLE 11.6
Provision of information
1. Recognising the importance of the transparency of information pertaining to the temporary entry and stay of natural persons, each State Party shall make publicly available information necessary for an effective application for the granting of temporary entry and stay in its territory. Such information shall be kept updated.
2. The information referred to in paragraph 1 shall include, in particular, a description of:
(a) categories of immigration formalities relevant to the temporary entry and stay of natural persons covered by this Chapter;
(b) requirements and procedures for application for, and issuance of, temporary entry and stay, including information on documentation required, conditions to be met and method of filing; and
(c) requirements and procedures for application for, and issuance of, renewed temporary stay.
3. Each State Party shall provide the other State Parties with details of relevant publications or websites where information referred to in paragraph 2 is made available.
ARTICLE 11.7
Dispute Settlement
1. A State Party may not initiate proceedings under Chapter 18 (Dispute Settlement) regarding a refusal to grant temporary entry and stay of natural persons under this Chapter unless:
(a) the matter involves a pattern of practice; and
(b) the natural persons affected have exhausted all available administrative remedies regarding the refusal of temporary entry and stay.
2. The remedies referred to in subparagraph (b) of paragraph 1 shall be deemed to be exhausted if a final determination in the matter has not been issued by the competent authority within 1 (one) year of the date of the institution of an administrative proceedings for the remedy, including any proceedings for review or appeal, and the failure to issue such a determination is not attributable to delays caused by the natural persons concerned.
ARTICLE 11.8
Contact points
1. Each State Party shall establish contact points to facilitate access for natural persons of another State Party to the information referred to in Article 11.6 (Provision of information). The contact points are:
(a) for Singapore, the Ministry of Trade and Industry;
(b) for Argentina, el Ministerio de Relaciones Exteriores, Comercio Internacional y Culto (the Ministry of Foreign Affairs, International Trade and Worship);
(c) for Brazil, o Ministério das Relações Exteriores (the Ministry of Foreign Affairs);
(d) for Paraguay, el Ministerio de Relaciones Exteriores (the Ministry of Foreign Affairs); and
(e) for Uruguay, el Ministerio de Relaciones Exteriores (the Ministry of Foreign Affairs).
2. The contact points shall meet as necessary to exchange information as described in Article 11.6 (Provision of information) and to consider matters pertaining to this Chapter, such as the implementation and administration of this Chapter.
ARTICLE 11.9
Relation to other Chapters
1. Nothing in this Agreement shall impose any obligation on a State Party regarding its immigration measures, except as provided in this Chapter and Chapter 1 (Initial Provisions and Definitions), Chapter 18 (Dispute Settlement) and Chapter 19 (Institutional, General and Final Provisions).
2. Nothing in this Chapter shall be construed to impose obligations or commitments with respect to other Chapters of this Agreement.
ANEXOS
Apéndice 11-A-1 - Lista de Compromisos de Argentina
Apéndice 11-A-2 - Lista de Compromisos de Brasil
Apéndice 11-A-3 -Lista de Compromisos de Paraguay
Apéndice 11-A-4 - Lista de Compromisos de Uruguay
Apéndice 11-A-5 - Lista de Compromisos de Singapur
Chapter 12. ELECTRONIC COMMERCE
ARTICLE 12.1
Definitions
For purposes of this Chapter:
(a) "electronic authentication" means the process or act of verifying the identity of a party to an electronic communication or transaction or [1] ensuring the integrity of an electronic communication;
(b) "personal information" means any information, including data, about an identified or identifiable natural person;
(c) "commercial electronic message" means an electronic message which is sent for commercial purposes to an electronic address of a person [2] through telecommunication services, comprising at least electronic mail and to the extent provided for under domestic laws and regulations, other types of messages; and
(d) "unsolicited commercial electronic message" means a commercial electronic message that is sent without the consent of the recipient or despite the explicit rejection of the recipient.
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[1] It is understood that 'or' includes 'and' and thus encompasses situations where both or either functions are performed.
[2] For greater certainty, the "electronic address of a person" does not cover IP addresses.
ARTICLE 12.2
Scope and general principles
1. This Chapter applies to measures adopted or maintained by a State Party with respect to trade by electronic means.
2. Considering the potential that electronic commerce has as an instrument for social and economic development, the State Parties recognise the importance of:
(a) clarity, transparency and predictability of their national policy frameworks to facilitate, to the extent possible, the development of electronic commerce;
(b) interoperability, innovation and competition to facilitate electronic commerce; and
(c) international and national policies concerning electronic commerce taking into account the interests of all users, including enterprises, consumers, non-governmental organisations and relevant public institutions.
3. For greater certainty, measures adopted or maintained by a State Party with respect to trade by electronic means are subject to the relevant provisions of other Chapters and Annexes of this Agreement, including exceptions, reservations, specific commitments or non-conforming measures that are applicable to those obligations.
4. This Chapter shall not apply to:
(a) government procurement;
(b) information held or processed by, or on behalf of, a State Party or measures related to that information; or
(c) subsidies or grants provided by a State Party or a state enterprise, including government-supported loans, guarantees, and insurance.
5. In the event of an inconsistency between this Chapter and another Chapter, the other Chapter prevails to the extent of the inconsistency.
ARTICLE 12.3
Domestic electronic transactions framework
1. Each State Party shall not deny the legal validity of a transaction, including a contract, solely on the basis that the transaction is in electronic form, except in circumstances provided for under its laws and regulations.
2. For greater certainty, paragraph 1 does not prevent a State Party from requiring that certain categories of contracts be concluded by non-electronic means.
3. Each State Party shall endeavour to:
(a) avoid any undue regulatory burden on electronic transactions;
(b) facilitate input by interested persons, where appropriate, in the development of its legal framework for electronic transactions; and
(c) foster transparency regarding the legal framework for electronic transactions.
ARTICLE 12.4
Electronic authentication
1. Except in circumstances provided for under its laws and regulations, a State Party shall not deny the legal validity of a signature solely on the basis that the signature is in electronic form.
2. A State Party shall not adopt or maintain measures for electronic authentication that would:
(a) prohibit parties to an electronic transaction from mutually determining the appropriate authentication methods for that transaction; or
(b) prevent parties to an electronic transaction from having the opportunity to establish before judicial or administrative authorities that their transaction complies with any legal requirements with respect to authentication.
3. Notwithstanding paragraph 2, a State Party may require that, for a particular category of transactions, the method of authentication meets certain performance standards or is certified by an authority accredited in accordance with its laws and regulations.
4. The State Parties shall encourage the use of interoperable electronic authentication and work towards the mutual recognition of electronic authentication.
ARTICLE 12.5
Online consumer protection
1. The State Parties recognise the importance of transparent and effective measures that enhance consumer confidence and trust in electronic commerce. Each State Party shall adopt or maintain measures to proscribe misleading, fraudulent and deceptive commercial activities that cause harm, or potential harm, to consumers engaged [3] in electronic commerce.
2. Misleading, fraudulent and deceptive commercial activities include:
(a) making material misrepresentations [4], including implied factual misrepresentations, or false claims as to matters such as qualities, price, suitability for purpose, quantity or origin of goods or services;
(b) advertising goods or services for supply without intention or reasonable capability to supply;
(c) failing to deliver goods or provide services to a consumer after the consumer is charged unless justified on reasonable grounds; or
(d) charging a consumer for services or goods not requested.
3. To protect consumers engaged in electronic commerce, each State Party shall endeavour to adopt or maintain measures that aim to ensure:
(a) that suppliers of goods and services deal fairly and honestly with consumers;
(b) that suppliers provide complete, accurate, and transparent information on goods and services including any terms and conditions of purchase; and
(c) the safety of goods and, where applicable, services during normal or reasonably foreseeable use.
4. The State Parties recognise the importance of affording to consumers who are engaged in electronic commerce consumer protection at a level not less than that afforded to consumers who are engaged in other forms of commerce.
5. The State Parties recognise the importance of cooperation between their respective consumer protection agencies or other relevant bodies including the exchange of information and experience, as well as cooperation in appropriate cases of mutual concern regarding the violation of consumer rights in relation to electronic commerce in order to enhance online consumer protection, where mutually agreed.
6. The State Parties shall endeavour to promote access to, and awareness of, consumer redress or recourse mechanisms, including for consumers transacting cross-border.
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[3] For the purposes of this Article, the term 'engaged' includes the pre-transaction phase of electronic commerce.
[4] For the purposes of this Article, material misrepresentations refer to misrepresentations that are likely to affect a consumer's conduct or decision to use or purchase a good or service.
ARTICLE 12.6
Unsolicited commercial electronic communication
1. State Parties recognise the importance of promoting confidence and trust in electronic commerce, including through transparent and effective measures that limit unsolicited commercial electronic messages.
2. Each State Party shall adopt or maintain measures that:
(a) require suppliers of commercial electronic messages to facilitate the ability of recipients to prevent ongoing reception of those messages;
(b) require the consent, as specified in the laws or regulations of each State Party, of recipients to receive commercial electronic messages; or
(c) otherwise provide for the minimisation of unsolicited commercial electronic messages.
3. Each State Party shall endeavour to ensure that commercial electronic messages are clearly identifiable as such, clearly disclose on whose behalf they are sent, and contain the necessary information to enable recipients to request cessation free of charge and at any time.
4. Each State Party shall endeavour to provide access to either redress or recourse against suppliers of unsolicited commercial electronic messages that do not comply with the measures adopted or maintained pursuant to paragraph 2.
5. The State Parties shall endeavour to cooperate in appropriate cases of mutual concern regarding the regulation of unsolicited commercial electronic messages.
ARTICLE 12.7
Paperless trading
1. Each State Party shall endeavour to make any form issued or controlled by its customs authority and other government agencies for export, import and transit available to the public in electronic format.
2. Each State Party shall endeavour to accept any form issued or controlled by its customs authority and other government agencies for export, import and transit submitted electronically as the legal equivalent of the paper version of those documents.
3. A State Party shall not be required to apply paragraphs 1 and 2 where:
(a) there is an international legal requirement to the contrary; or
(b) doing so would reduce the effectiveness of the trade administrative process.
4. Each State Party shall endeavour to develop data exchange systems to support the exchange of electronic records used in commercial cross-border trading activities of enterprises within each State Party's respective territory.
ARTICLE 12.8
Electronic invoicing
1. The State Parties recognise the importance of electronic invoicing to increase the efficiency, accuracy and reliability of commercial transactions.
2. The State Parties also recognise the benefits of interoperable electronic invoicing systems in the context of international trade and the importance of exchanging information on the adoption of best practices related to interoperable systems for electronic invoicing.
ARTICLE 12.9
Cooperation
Recognising the global nature of electronic commerce, the State Parties shall endeavour to:
(a) work together to facilitate the use of electronic commerce by small and medium sized enterprises;
(b) share information and experiences on laws, regulations, and programs in the sphere of electronic commerce, including those related to the protection of personal information, consumer confidence and protection, security in electronic communication, e-government, the recognition of electronic signatures, including digital signatures, and facilitation of interoperable cross border electronic authentication;
(c) work together to promote cross-border information flows to support a dynamic environment for electronic commerce;
(d) encourage development by the private sector of methods of self-regulation that foster electronic commerce, including codes of conduct, model contracts, guidelines and enforcement mechanisms;
(e) participate actively in regional and multilateral forums to promote the development of electronic commerce, including in relation to the development and application of international standards for electronic commerce; and
(f) promote information and communications technologies accessibility for people with specific needs, including persons with disabilities, and under-represented groups, including indigenous peoples, people living in rural and remote areas, women and girls, and youth and children.