Article 20.7. SETTLEMENT OF DISPUTES
1. A Party may not initiate proceedings in accordance with the general provisions of Chapter 21 (Dispute Settlement) with respect to a denial of authorization for temporary entry of business persons under this Chapter unless:
(a) the matter concerns a recurring practice; and
(b) the affected business person has exhausted all administrative remedies available to him/her in that particular matter (1).
2. The administrative remedies referred to in paragraph 1(b) shall be deemed exhausted when the competent authority has not issued a final decision within one year from the commencement of the administrative procedure and the decision has not been delayed for reasons attributable to the business person concerned.
Article 20.8. RELATIONSHIP WITH OTHER CHAPTERS
Except as provided in this Chapter and in Chapter 1 (Initial Provisions and General Definitions), Chapter 21 (Dispute Settlement), Chapter 22 (Transparency), Chapter 23 (Administration of the Agreement), and Chapter 24 (Final Provisions); and in Article 22.1 (Publication), 22.2 (Notification and Provision of Information), 22.34 (Administrative Procedures) and 23.2 (Agreement Coordinators) nothing in this Agreement shall impose any obligation on the Parties with respect to their migration measures.
Article 20.9. TRANSPARENCY IN THE DEVELOPMENT AND IMPLEMENTATION OF THE REGULATIONS
1. In addition to the provisions of Chapter 22 (Transparency), each Party shall establish or maintain appropriate mechanisms to respond to inquiries from interested persons regarding the regulation of the temporary entry of business persons.
2. Each Party shall, within a period not to exceed 30 days after the application for temporary entry of business persons is deemed complete under the laws and regulations of the Party receiving such application, endeavor to:
(a) inform the applicant of the decision taken on his application;
(b) atthe request of the applicant , provide, without undue delay , information concerning the status of the application.
For greater certainty, during the permit termination period, the business person of a Party may continue to carry out its activities in accordance with the laws of the other Party.
Article 20.10. DEFINITIONS
1. For the purposes of this Chapter:
business activities means those legitimate activities of a commercial nature created and operated for the purpose of obtaining profit in the marketplace, but does not include the possibility of obtaining employment or wages or remuneration from labor sources in the territory of a Party;
labor certification means any procedure prior to the application for immigration authorization that involves a government permit or authorization related to the labor market;
temporary entry means the entry of a business person of one Party into the territory of the other Party, without the intention of establishing permanent residence;
national means "national" as defined in Chapter 1 (Initial Provisions and General Definitions), but does not include permanent residents;
business person means a national who engages in trade in goods or services, or in investment activities; and
recurrent practice means a practice carried out by the immigration authorities of a Party repeatedly during a representative period prior to and immediately following the implementation of the practice.
2. For the purposes of Annex 20-A:
executive functions means those functions assigned within an organization, under which the person has primarily the following responsibilities:
(a) directing the management of the organization or a relevant component or function thereof;
(b) establish the policies and objectives of the organization, component or function; or
(c) receive general supervision or direction only from senior management, the organization's board of directors or management council, or the organization's shareholders;
managerial functions means those functions assigned within an organization, under which the person has primarily the following responsibilities:
(a) to direct the organization or an essential function within the organization;
(b) supervise and control the work of other professional employees, supervisors or managers;
(c) have the authority to hire and fire, or recommend such actions, as well as other actions with respect to the management of personnel being directly supervised by that person and perform functions at a higher level within the organizational hierarchy or with respect to the function for which he or she is responsible; or
(d) execute actions at his or her discretion with respect to the day-to-day operation of the function over which that person has authority;
functions involving specialized knowledge means those functions that involve special knowledge of the organization's merchandise, services, research, equipment, techniques, management of the organization or its interests and their application in international markets, or an advanced level of knowledge or experience in the organization's processes and procedures;
management trainee means an employee with a post-secondary or college degree who is assigned to a temporary job with the intention of broadening that employee's knowledge and experience in a company in preparation for a higher leadership position within the company;
persons engaged in a specialty occupation means a national of a Party who is engaged in a specialty occupation that requires:
(a) the theoretical and practical application of a body of specialized knowledge; and
(b) the attainment of a post-secondary degree or college degree, which requires at least four years or more of study (or the equivalent of such degree) for the practice of the occupation;
technician means a national of a Party who performs a skilled occupation that requires:
(a) the theoretical and practical application of a body of specialized knowledge; and
(b) obtaining a post-secondary or technical degree that requires at least two years or more of study (or the equivalent of such degree) for the exercise of the occupation.
Annex 20-A. TEMPORARY ENTRY OF BUSINESS PEOPLE
Section A. BUSINESS VISITORS
1. Each Party shall authorize temporary entry to a business person who intends to carry out any business activity referred to in Appendix 20-A.1, without requiring him to obtain an employment authorization or other requirements than those established by the immigration measures in force applicable to temporary entry, and who exhibits:
(a) proof of nationality of the other Party;
(b) documentation evidencing that it will undertake such activities and stating the purpose of its entry; and
(c) proof of the international scope 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 provide that a business person complies with the requirements set forth in paragraph 1(c), when it demonstrates that:
(a) the principal source of remuneration for that activity is outside the territory of the Party authorizing temporary entry; and
(b) bel principal place of business and where most of the profits are actually earned is outside the territory of the Party authorizing temporary entry.
For the purposes of this paragraph, the Party authorizing temporary entry shall normally accept a statement as to the principal place of business and the place of earning profits. Where the Party requires additional verification, a letter from the employer or the organization for which he provides services or represents, stating such circumstances, shall normally be considered sufficient evidence.
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 document prior to entry.
Section B. TRADERS AND INVESTORS (2)
1. Each Party shall authorize temporary entry to a business person exercising supervisory, executive, managerial or specialized knowledge functions, provided that the person also complies with the immigration measures in force, applicable to the temporary entry and that he/she intends to do so:
(a) to carry on a 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; or
(b) establish, develop, manage or provide key technical advice or services to manage an investment in which the individual or his company has committed, or is in the process of committing, a significant amount of capital.
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 document prior to entry.
Section C. INTRA-COMPANY PERSONNEL TRANSFERS (3)
1. Each Party shall authorize temporary entry and issue a work permit or other authorization, subject to the labor legislation of the respective Party, to a business person, employed by an enterprise, who intends to perform managerial or executive functions, involving specialized knowledge, or a management trainee in training in that enterprise or in one of its subsidiaries, affiliates or parent company, provided that he/she complies with the immigration measures in force applicable to temporary entry.
2. No Party may:
(a) requiring 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 document prior to entry.
Section D. PERSONS ENGAGED IN a SPECIALTY OCCUPATION (4)
1. Each Party shall authorize temporary entry and issue the applicable immigration documentation to a business person who intends to carry out activities, in accordance with the laws of the Party, as a person engaged in a skilled or technical occupation, under a subordinate or independent relationship, or to perform training functions related to a particular skilled or technical occupation, including conducting seminars, when the business person, in addition to complying with the current immigration requirements applicable to temporary entry, exhibits:
(a) proof of nationality of a Party;
(b) documentation evidencing that the person will undertake such activities and stating the purpose of entry; and
(c) documentation attesting that the person possesses the relevant minimum academic requirements or alternative qualifications.
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. For greater certainty, a Party may require a business person seeking temporary entry under this Section to comply with the requirements of its law for the practice of that profession.
Section E. WIVES AND DEPENDENTS
1. Each Party shall authorize temporary entry and issue applicable immigration documentation in accordance with the Party's law to the spouse and dependents of a business person who obtains temporary entry under Section B, Section C or Section D, where the spouse and dependents meet the existing immigration requirements applicable to temporary entry.
2. No Party may:
(a) require approval procedures, proof of labor certification or other procedures of similar effect, as a condition for authorizing temporary entry under paragraph 1.
(b) impose or maintain numerical restrictions in connection with temporary entry pursuant to paragraph 1.
Appendix 20-A. BUSINESS VISITORS
Meetings and consulting
Business people who attend meetings, seminars, conferences, workshops or who carry out advisory or consulting activities for clients.
Research and design
Technical, scientific and statistical researchers conducting research independently or for an enterprise established in the territory of the other Party.
Cultivation, manufacturing and production
Purchasing and production personnel, at management level, who carry out commercial operations for an enterprise established in the territory of the other Party.
Marketing
Market researchers and analysts who conduct research or analysis independently or for a company established in the territory of the other Party.
Trade show and promotional staff attending trade conventions.
Sales
Sales representatives and sales agents who take orders or negotiate contracts for goods and services for an enterprise established in the territory of the other Party, but who do not deliver the goods or supply the services.
Buyers making purchases for an enterprise established in the territory of the other Party.
Post-sale services lease or leasing
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 such services under a warranty or other service contract related to the sale of commercial or industrial equipment or machinery, including computer software purchased from an enterprise established outside the territory of the Party from which temporary entry is sought, during the term of the warranty or service contract.
Financial Services
Financial services personnel engaged in commercial operations for an enterprise established in the territory of the other Party, provided that such personnel do not require authorization by the competent authority of the Party.
Public Relations and Advertising
Public relations and advertising personnel who advise clients or attend or participate in conventions.
Tourism
Tourism personnel (tour and travel agents, tour guides or tour operators) attending or participating in conventions or conducting an excursion that has been initiated in the territory of the other Party.
Translators or interpreters
Translators or interpreters supplying services as employees of an enterprise established in the territory of the other Party, except for services performed by translators authorized by the Government.
Appendix 20-B. MIGRATORY MEASURES
By way of reference, the Parties set forth their current migration measures, without prejudice to any subsequent modifications:
(a) in the case of Colombia:
Decree 4000 of 2004, Decree 2622 of 2009, and Resolution 4700 of 2009;
(b) in the case of Panama:
Decree Law 3 of February 22, 2008.
Chapter 21. DISPUTE RESOLUTION
Article 21.1. COOPERATION
The Parties shall endeavor, through cooperation and consultations, to have a common view on the interpretation and application of this Agreement. In the event that a matter affects their operation, they shall make every effort to reach a mutually agreed satisfactory solution.
Article 21.2. SCOPE
Except for matters arising under Chapters 9 (Environment); 10 (Labor); 11 (Cooperation and Trade Capacity Building); and, 13 (Competition Policy, Designated Monopolies and State Enterprises); and, except for any provision in this Agreement to the contrary, this Chapter shall apply between the Parties for the settlement of disputes concerning the interpretation or application of this Agreement, or where a Party considers that:
(a) an existing or proposed measure of the other Party is or may be inconsistent with an obligation under this Agreement;
(b) the other Party has in any way failed to comply with one of its obligations under this Agreement; or
(c) there is a nullification or impairment within the meaning of Annex 21-A.
Article 21.3. CHOICE OF FORUM
1. Disputes arising under the provisions of this Agreement, the WTO Agreement, and any other trade agreement to which the Parties are party, may be submitted to the dispute settlement mechanisms of any of those fora, at the option of the complaining Party.
2. Once the complaining Party has initiated dispute settlement proceedings pursuant to Article 21.6 under the WTO Agreement or another trade agreement to which the Parties are party (1) , the forum selected shall be exclusive of the others.
Article 21.4. CONSULTATIONS
1. A Party may request in writing consultations with the other Party with respect to a matter set forth in Article 21.2.
2. The Party requesting the consultation shall deliver the written request to the other Party, explaining the reasons for the request, identifying the measure or matter that may affect the operation of this Agreement, in accordance with Article 21.2, as well as the legal basis for the complaint.
3. The Party to whom the request for consultation was addressed shall respond in writing within 10 days from the date of its receipt.
4. The Parties shall consult within a period of no more than:
(a) a period of 15 days after the date of receipt of the request in matters relating to cases of urgency, including those involving perishable goods or goods or services that rapidly lose their commercial value; or
(b) a period of 30 days after the date of receipt of the application for all other matters.
5. Through the consultations held pursuant to the provisions of this Article, the Parties shall make efforts to reach a mutually satisfactory resolution of the matter. To this end, each Party shall:
(a) provide sufficient information for a full review of the measure or any other matter that may affect the operation or implementation of this Agreement; and
(b) treat confidential information received in the course of consultations in the same manner as that accorded by the Party that provided the information.
6. The consultations shall be confidential and without prejudice to the rights of the Parties in any subsequent proceedings in accordance with this Chapter.
7. The consultation may be held in person or by any other means that the Parties may decide. In the event that the consultation is face-to-face, it shall be held in the capital of the consulted Party, unless the Parties agree otherwise.
8. In the event that the consulted Party does not respond to the request for consultations within 10 days of receipt of the request referred to in paragraph 3, the consulting Party may request the establishment of a Panel, as provided in Article 21.6.
Article 21.5. GOOD OFFICES, CONCILIATION AND MEDIATION
1, The Parties may agree at any time to use an alternative method of dispute resolution, such as: good offices, conciliation or mediation.
2. The Parties shall apply alternative methods of dispute resolution, in accordance with procedures to be agreed upon at the time.
3. Each party may at any time initiate, suspend or terminate proceedings under this Article.
4. Proceedings involving good offices, conciliation and mediation shall be confidential, and without prejudice to the rights of the Parties in any other proceedings.
Article 21.6. ESTABLISHMENT OF a PANEL
1, Unless the Parties agree otherwise, and subject to paragraph 3, the complaining Party may refer the matter to a Dispute Settlement Panel, if a matter referred to in Article 21.4 has not been resolved within:
(a) 60 days from the date of receipt of the request for consultation; or
(b) 30 days from the date of receipt of the request for consultations for matters referred to in Article 21.4.4.
2. The complaining Party shall deliver the written request for the establishment of the panel to the other Party, stating in the request the reasons for the request, identifying the specific measure or other matter at issue and providing a brief summary of the legal basis of the complaint sufficient to present the problem clearly. (2) The complaining Party shall provide the other Party with a brief summary of the legal basis of the complaint sufficient to present the problem clearly.
3. An arbitration panel may not be established to review a draft measure.