(p) advisory, intermediation and other auxiliary financial services in respect of any of the activities set forth in paragraphs (e) through (o), including credit reporting and analysis, investment and portfolio research and advice, and advice on acquisitions and on corporate restructuring and strategy.
Annex 17-A. MIGRATION MEASURES IN FORCE
For Colombia:
(a) Decree 0834 of 2013 and Resolutions 5707 of 2008, or those that modify them.
For Costa Rica:
(b) Law No. 8764, General Law on Migration and Aliens of August 19, 2009 and its regulations, as amended.
Annex 17-B. CATEGORIES OF BUSINESS PERSONS
Section A. BUSINESS VISITORS
1. Each Party shall authorize temporary entry to a business person who intends to carry out any of the business activities referred to in Appendix 17-B.1 of this Section, without requiring the person to obtain a work permit or employment authorization, provided that such person, in addition to complying with existing immigration measures applicable to temporary entry, exhibits:
(a) evidence attesting to the nationality of a Party;
(b) documentation showing that the business person will engage in any business activity set forth in Appendix 17-B.1 of this Section and indicating the purpose of entry; and
(c) evidence of the international character of the business activity proposed to be undertaken and that the business person does not intend to enter the local labor market.
2. Each Party shall provide that a business person meets the requirements of paragraph 1(c) where 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 of that person and where the earnings are actually earned is predominantly outside the territory of the Party granting temporary entry.
Normally, a Party will accept a declaration as to the principal place of business and the actual place where the profits are actually earned. In the event that the Party requires any additional verification in accordance with its national legislation, it shall normally consider a letter from the employer or the organization it represents stating the circumstances described in paragraphs 2(a) and 2(b) to be sufficient proof.
3. No Party may:
(a) require, as a condition for authorizing temporary entry under paragraph 1, prior approval procedures, proof of labor certification, or other procedures of similar effect; nor.
(b) impose or maintain any numerical restrictions on temporary entry under paragraph 1.
4. A Party may require a business person requesting temporary entry under this Section to obtain a pre-entry visa.
Section B. TRADERS AND INVESTORS
1. Each Party shall authorize temporary entry and issue immigration documentation to a business person that intends to:
(a) carry on a substantial commercial exchange of goods or services, principally between the territory of the Party of which he is a national and the territory of the Party from which entry is sought; or
(b) to establish, develop, or manage an investment, in which the business person or his enterprise has committed or is in the process of committing a substantial amount of capital, in accordance with national legislation,
provided that the business person also complies with existing immigration measures applicable to temporary entry.
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; nor.
(b) impose or maintain numerical restrictions in connection with temporary entry under paragraph 1.
3. A Party may require a business person requesting temporary entry under this Section to obtain a pre-entry visa.
Section C. INTRA-CORPORATE TRANSFERS OF PERSONNEL
1. Each Party shall authorize temporary entry and issue supporting documentation to a business person employed by an enterprise who is transferred to serve as an executive, manager, or specialist in that enterprise or in one of its subsidiaries or affiliates, provided that such person and that 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 submission of the application.
2. For greater certainty, nothing in this Section shall be construed to affect the labor or employment law of each Party.
3. For greater certainty, in accordance with its legislation, a Party may require that the transferred business person perform 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 pre-entry visa.
Appendix 17-B.1. BUSINESS VISITORS
Business activities covered under Section A include:
1. Meetings and Consulting:
Business persons attending meetings, seminars, or conferences, or conducting consulting or advising clients.
Research and Design:
Technical, scientific and statistical researchers conducting independent research or investigations for an enterprise established in the territory of the other Party.
3. Cultivation, Manufacturing and Production:
Procurement and production personnel, at the managerial level, who conduct business operations for an enterprise established in the territory of the other Party.
4. Marketing:
(a) Market researchers and analysts conducting research or analysis independently or for an enterprise established in the territory of the other Party.
(b) Trade show and promotional personnel 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 who do not deliver the goods or provide the services.
(b) Buyers who make purchases for an enterprise established in the territory of the other Party.
6. Distribution:
Customs brokers who provide advisory services to facilitate the importation or exportation of goods.
7. After Sales Services:
Installation, repair, maintenance, and supervisory personnel, who have the specialized technical knowledge essential to fulfill the seller's contractual obligation, and who 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 computer software 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) Public relations and advertising personnel providing advice to clients or attending or participating in conventions.
(c) Tourism personnel (tour and travel agents, tour guides or tour operators) attending or participating in conventions.
(d) Specialized cooking personnel attending or participating in gastronomic events or exhibitions, training or advising clients, related to gastronomy in the territory of the other Party.
(e) Translators or interpreters providing services as employees of an enterprise located in the territory of the other Party, except for services that in accordance with the legislation of the Party authorizing temporary entry must be provided by authorized translators.
(f) Information and communications technology service providers attending meetings, seminars or conferences or conducting consultancies.
(g) Marketers and franchise development consultants wishing to offer their services in the territory of the other Party.
ANNEX 17-C. TERMS OF STAY
Section A. COLOMBIA
1. Business Visitors entering Colombia under Section A of Annex 17-B shall be granted a period of stay of up to 90 days.
2. Entry for Traders and Investors entering Colombia under Section B of Annex 17-B shall be granted a period of stay of up to two years. The period of stay may be extended, provided that the conditions on which it was based remain in force.
3. Entry for Intra-Corporate Transfers entering Colombia under Section C of Annex 17-B shall be granted a period of stay of up to two years. The period of stay may be extended, provided the conditions on which it was based remain in force.
4. Costa Rican business persons who receive a visa with a duration of more than three months and who wish to stay more than 15 days in Colombia, must register as foreigners with the competent immigration office.
Section B. COSTA RICA
For Costa Rica, the length of stay will be established on a discretionary basis by the Directorate General of Immigration and Foreigners within the following maximum periods:
1. Business Visitors:
(a) Initial term: from one day up to 30 days.
(b) Request for extension of stay: from 30 days up to 90 days.
(c) Request for stay: one year with the possibility of extension for up to two years.
2. Merchants and Investors:
(a) Traders:
(i) Initial term: from one day up to 30 days.
(ii) Request for extension of stay: from 30 days to 90 days.
(iii) Request for stay: one year with the possibility of extension for up to two years.
(b) Investors:
(i) Stay: from 90 days up to two years, extendable for up to two years.
3. Transfers of Personnel within a Company:
Permanence: one year with the possibility of extension for up to two years.
Annex 17-D. TEMPORARY ENTRY COMMITTEE FOR BUSINESS PERSONS
The Temporary Entry Committee for Business Persons shall be composed of:
(a) For Colombia:
Point of Contact:
Coordinator
Coordination of Visas and Immigration Ministry of Foreign Affairs,
or its successor
And the following entities:
Director
Directorate of Foreign Investment and Services Ministry of Commerce, Industry and Tourism, or its successor.
(b) For Costa Rica:
Point of Contact:
Director General
Dirección General de Comercio Exterior Ministerio de Comercio Exterior de Costa Rica, or its successor.
In consultation with:
Head of the International Affairs Department
Ministry of Labor and Social Security
Head of the Department of Institutional Planning
General Directorate of Migration and Alien Affairs,
or their successors
Chapter 18. SETTLEMENT OF DISPUTES
Article 18.1. COOPERATION
The Parties shall at all times endeavor to reach agreement on the interpretation and application of this Agreement and shall make every effort, through cooperation, consultations or other means, to reach a mutually satisfactory resolution of any matter that might affect its operation.
Article 18.2. SCOPE OF APPLICATION
Except as otherwise provided in this Agreement, the dispute settlement provisions of this Chapter shall apply to the prevention or settlement of disputes between the Parties concerning the interpretation or application of this Agreement, or where a Party considers that:
(a) an existing or proposed measure of the other Party may be inconsistent with the obligations of this Agreement;
(b) the other Party has failed in any way to comply with the obligations of this Agreement; or
(c) an existing or proposed measure of the other Party causes or is likely to cause nullification or impairment within the meaning of Annex 18-A.
Article 18.3. CHOICE OF FORUM
1. In the case of any dispute arising under this Agreement and under another free trade agreement to which the disputing Parties are party or the WTO Agreement, the complaining Party may select the forum for resolving the dispute.
2. Once the complaining Party has requested the establishment of a panel under one of the treaties referred to in paragraph 1, the forum selected shall be exclusive of the others.
Article 18.4. CONSULTATIONS
1. A Party may request in writing to the other Party consultations with respect to any existing or proposed measure or any other matter that may affect the operation of this Agreement, in accordance with Article 18.2.
2. The requesting Party shall deliver the written request to the other Party, and shall explain the reasons for its request, including identification of the measure in force or proposed measure or other matter at issue and an indication of the legal basis for the complaint.
3. The other Party shall respond in writing and, except as provided in paragraph 4, shall consult with the requesting Party no later than 30 days from the date of receipt of the request, unless the Parties agree otherwise.
4. In cases of urgency, including those involving perishable goods or goods or services that rapidly lose their commercial value, such as certain seasonal goods or services, consultations shall begin within 15 days from the date of receipt of the request by the other Party.
5. The requesting Party may require the other Party to make available to it personnel of its governmental institutions or other regulatory agencies having technical knowledge of the subject matter of the consultations.
6. The Parties shall make every effort to arrive at a mutually satisfactory resolution of any matter through consultations, in accordance with the provisions of this Article. To this end, each Party shall:
(a) shall provide sufficient information to permit a full review of the measure in force or proposed to be taken or of any other matter that could affect the operation and implementation of this Agreement; and
(b) treat confidential or proprietary information received in the course of consultations on the same basis as the Party providing the information.
7. Consultations shall be confidential and without prejudice to the rights of the Parties in proceedings under this Chapter.
8. Consultations may be held in person or by any technological means agreed by the Parties. In the event that the consultation is face-to-face, it shall be held in the capital of the Party consulted, unless the Parties agree otherwise.
Article 18.5. GOOD OFFICES, CONCILIATION OR MEDIATION
1. The Parties may agree at any time to use methods such as good offices, conciliation or mediation. Such procedures may be commenced at any time and may be suspended or terminated at any time by either Party.
2. The procedures established pursuant to this Article shall be conducted in accordance with the procedures agreed upon by the Parties.
3. Procedures involving good offices, conciliation and mediation shall be confidential and without prejudice to the rights of the Parties in any other proceedings.
Article 18.6. ESTABLISHMENT OF A PANEL
1. Unless the Parties agree otherwise, and without prejudice to paragraph 5, if a matter referred to in Article 18.4 has not been resolved within:
(a) 40 days after receipt of the request for consultations;
(b) 25 days after receipt of the request for consultations in the case of matters referred to in Article 18.4.4; or
(c) such other period as the consulting Parties may agree, the complaining Party may refer the matter to a panel.
2. The complaining Party shall deliver to the other Party a written request for the establishment of a panel, which shall state the reason for the request, identify the specific measures or other matter complained of, and provide a brief summary of the legal basis of the complaint with sufficient information to present the problem clearly.
3. With the submission of the request, it shall be understood that the panel has been established.
4. Unless the Parties agree otherwise, the panel shall be composed and perform its functions in accordance with the provisions of this Chapter.
5. A panel may not be established to review a proposed measure.
Article 18.7. LISTS OF PANELISTS
1. Each Party shall, no later than six months after the entry into force of this Agreement, appoint to its "Indicative Panelist Roster" five individuals who are qualified and willing to serve as panelists. Each Party may modify the panelists on its roster as it deems necessary, after notifying the other Party. Such designations shall be forwarded to the Commission.
2. The Parties shall also select by mutual agreement, no later than six months after the entry into force of this Agreement, 10 individuals who are not nationals or permanent residents of either Party to serve as chairpersons of the panel to serve on the "Indicative List of Non-Party State Panelists". At the request of any Party, the Commission may modify the "Indicative List of Non-Party State Panelists" at any time. Such designations shall be forwarded to the Commission.
3. The members of the lists drawn up pursuant to paragraphs 1 and 2 shall meet the qualifications set forth in Article 18.8.1.
4. The Parties may use the lists of panelists developed pursuant to paragraphs 1 and 2, even if the lists have not been completed.
Article 18.8. QUALIFICATIONS OF PANELISTS
1. All panelists shall:
(a) have expertise or experience in law, international trade, other matters relating to this Agreement or the settlement of disputes arising under international trade agreements;
(b) be selected strictly on the basis of objectivity, impartiality, reliability and sound judgment;
(c) be independent, independent of, and not connected with, and not receive instructions from, any of the Parties; and
(d) comply with the Code of Conduct to be established by the Commission pursuant to Article 20.1.2(d) (The Free Trade Commission).
2. Persons who have been involved in any of the proceedings referred to in Article 18.5 may not serve as panelists in the same dispute.
Article 18.9. PANEL SELECTION
1. The panel shall consist of three members.