1. For purposes of this chapter:
Business activities: activities legitimate commercial nature established and operated in order to gain market. Does not include the possibility of obtaining employment and wages or remuneration from a source of employment in the territory of a party;
Labour: the certification procedure conducted by the competent administrative authority to determine whether a national of a party who seeks temporary entry to the territory of another party, displaces domestic labour force in the same sector or significantly affects the working conditions;
Temporary entry means business entry by a person of a Party in the territory of the other party without the intent to establish permanent residence or final;
National: a national "" as defined in article 2.01, but does not include a permanent residents or final;
National business means a person who is engaged in trade in goods or services or investment activities; and
Recurrent practice: a practice carried out by the immigration authorities in the form of a Party representative repetitive during a period immediately preceding and the implementation of the same.
2. For purposes of Annex 7.04:
Executive functions: those functions within an organization under which the business person is primarily the following responsibilities:
a) The direct management of the organization or a component or function within it;
b) Establishing the policies and objectives of the Organization, component or function; or
c) Receiving supervision or general direction from only executives in a higher level, the Board of Directors or the Administrative Council of the Organization or shareholders;
Managerial functions: those functions within an organization under which the business person is primarily the following responsibilities:
a) Managing the organization or an essential function within it;
b) Supervising and controlling the work of other professional employees, supervisors or administrators;
c) Having the authority to dismiss or to engage and recommend these actions, as well as other over the handling of personnel being directly supervised by that person and to perform functions within the Organization senior hierarchy or functions related to his position; or
d) Implementing actions under its discretion with regard to the daily operation of the over which this function
Everyone has the authority; and
Functions involving know-how: those functions involving a special knowledge of the goods, services, research, equipment, techniques and administration of the Organization or its interests and its implementation in international markets, or an advanced level of expertise or experience in processes and procedures of the Organization.
702. General Principles
This chapter reflects the preferential trading relationship between the parties; the desirability of facilitating temporary entry in accordance with the principle of reciprocity and to establish transparent criteria and procedures for this purpose. It also reflects the need to ensure border security and to protect the domestic labour force and permanent employment in their respective territories.
1. Each Party shall apply its measures relating to the provisions of this chapter in accordance with article 0702 and in particular the apply expeditiously to avoid undue hardship or delay trade in goods or services or investment activities under this Treaty.
2. The Parties shall endeavour to develop and adopt common standards, definitions and interpretations for the implementation of this chapter.
1. In accordance with the provisions of this chapter including those contained in annexes 7.04 and 7.04 (1), each Party shall grant temporary entry to business persons who meet the other applicable measures relating to public health and safety and national security.
2. A Party may refuse to issue an immigration document authorizing employment to a business person where the temporary entry adversely affecting:
a) The settlement of any labour dispute in progress at the place or intended to be used; or
b) The employment of any person who is involved in such dispute.
3. When a party refuses to issue an immigration document authorizing employment in accordance with paragraph 2, that Party:
a) It shall inform in writing the reasons for the refusal to the business person affected; and
b) Shall without delay and in writing of the reasons for the refusal to the Party in whose national refused entry.
4. Each Party shall limit the amount of fees for processing applications for temporary entry to the approximate cost of services rendered unless the parties have agreed in the past the elimination of those rights.
5. An authorization of temporary entry under this chapter does not replace the requirements needed to carry out a profession or activity according to the specific rules in force in the territory of the party authorizing the temporary entry.
1. In addition to the provisions of article 10.02, each Party shall:
a) The other party to provide information materials to know the measures relating to this chapter; and
b) No later than six (6) months after the date of Entry into Force of this Treaty; prepare and publish and make available in its own territory and in the other party, a consolidated document with materials explaining the requirements for temporary entry under this chapter to know the business persons of the other party.
2. Each Party shall collect and maintain and make available to the other party information regarding the granting of temporary entry of authorisations under this chapter to the other party of business persons who have been issued immigration documentation. This compilation shall include information for each category authorised.
1. A Party may not initiate a dispute settlement procedure regarding a refusal of authorisation of temporary entry under this chapter or a particular case covered by article 0703, except that:
a) The case concerns a recurrent practice; and
b) The person affected business have exhausted the available administrative remedies regarding the particular matter.
2. The remedies referred to in paragraph 1 (b) shall be deemed to be exhausted if the competent authority has issued a final decision within six (6) months from the start of the administrative procedure, and resolution is not attributable to delay caused by the business person.
707. Relationship to other Chapters
Except as provided in this chapter, in chapters 2, and articles 9 and 11 10.02 and 10.01, 10.03, no provision of this Agreement shall impose any obligation on a Party regarding its immigration measures.
Section A. Business Visitors
1. Each Party shall grant temporary entry and supporting documentation to issue a business person seeking to carry out any business activity listed in the appendix 7.04 (a) (1), without requiring requirements other than those established by the existing immigration measures applicable to temporary entry; and if:
a) Proof of nationality of a party; and
b) The purpose of entry.
2. Each Party shall grant temporary entry on terms no less favourable than those provided for in the measures listed in appendix 7.04 (2) (a), to business persons seeking to carry out certain business activities other than those listed in the appendix to 7.04 (a) (1).
3. No party may:
a) Requiring as a condition for authorizing temporary entry under paragraph 1 or 2, prior approval procedures, requests, labour certification tests or other procedures of similar effect; or
b) A numerical restrictions impose or maintain temporary entry in accordance with paragraph 1 or 2.
4. Notwithstanding paragraph 3. a Party may require a business person seeking temporary entry under this section to obtain a visa prior to entry or equivalent document. The Parties shall consider avoiding or removing their visa or equivalent document requirement.
Section B. Traders and Investors
1. Each Party shall grant temporary entry issue and supporting documentation to the business person exercising oversight functions, executive or with expertise, provided that the person complies with existing immigration measures applicable to temporary entry and seeking to:
a) To carry out a substantial trade in goods or services principally between the Territory of the Party of which the person is a national business and the territory of the other party into which entry is sought; or
b) Establish, develop, administer or provide advice or key technical services to administer an investment business to which the person or the business have committed or are in the process of committing a substantial amount of capital.
2. No party may:
a) Labour require certification tests or other procedures of similar effect as a condition for authorizing temporary entry under paragraph 1; or
b) Impose or maintain a numerical restriction relating to temporary entry under paragraph 1.
3. Notwithstanding paragraph 2, a Party may require a business person seeking temporary entry under this section to obtain a visa prior to entry or equivalent document. The Parties shall consider avoiding or removing their visa or equivalent document requirement.
Section C.
- Transfers of personal "within an enterprise
1. Each Party shall grant temporary entry and supporting documentation to issue a business person employed by an enterprise who seeks managerial functions, executive or involves specialized knowledge to that enterprise or a subsidiary or affiliate, provided that complies with existing immigration measures applicable to temporary entry. Each Party may require that the person to have been continuously employed by the Enterprise for six (6) months, within three (3) years immediately preceding the date of submission of the request.
2. No party may:
a) Labour require certification tests or other procedures of similar effect as a condition for authorizing temporary entry under paragraph 1; or
b) Impose or maintain a numerical restriction relating to temporary entry under paragraph 1.
Specific provisions for the temporary entry of business persons
1. It shall be considered that the business persons who enter under any of the categories set out in annex 7.04, activities that are useful or beneficial to the country.
2. The business persons who enter under any of the categories set out in annex 7.04, subject to the provisions contained in force.
3. The business persons who enter under any of the categories set out in annex 7.04 may not require permanent residence unless comply with existing immigration measures.
Appendix 7.04 (a) (1)
Business visitors
Research and design
- Technical, scientific and statistical researchers conducting independent research or for an enterprise established in the territory of the other party.
Cultivation, production and manufacturing
- Purchasing and production personnel, at managerial level, to undertake commercial operation for an enterprise established in the territory of the other party.
Marketing
- Market researchers and analysts conducting independent research or analysis for an enterprise established in the territory of the other party.
- Fairs and promotional personnel attending a trade conventions.
Sales
- Sales representatives and agents taking orders or negotiating contracts for goods and services for an enterprise established in the territory of the other party but not delivering goods or providing services.
- Procurement buyers make for an enterprise established in the territory of the other party.
Distribution
- Customs officers to provide advisory services to facilitate the import or export of goods.
After-sales services
- Staff of installation, maintenance and repair, with monitoring expertise essential to comply with the obligation of the seller; and to 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 software purchased for an enterprise established outside the territory of the temporary entry into which party is requested, during the life of the warranty or service agreement.
General services
- Consultants conducting business activities at the level of the cross-border provision of services.
- Management and supervisory personnel engaging in commercial operation for an enterprise established in the territory of the other party.
- Financial Services personnel to provide advice for an enterprise established in the territory of the other party.
- Staff of public relations and advertising to provide advice to customers or attending or participating in conventions.
- Tourism personnel (travel agents and tour guides, tourist or tour operators) attending or participating in conventions or lead any excursion has begun in the territory of the other party.
- Bus tour operators falling within the territory of a party:
a) With a group of passengers on a bus tour that has begun in the territory of the other party and to return to it;
b) To obtain a group of passengers on a bus tour that will develop, and mostly in the territory of the other party; or
c) With a group of passengers on a bus tour that is in the territory of the temporary entry into which party is requested, and return without passengers or with the Panel to transport it to the territory of another party.
- Translators and interpreters performing services as employees of a company established in the territory of the other party.
Appendix 7.04 (a) (2)
Existing immigration measures
In the case of Costa Rica:
The Migration and Aliens Act, Act No. 7033 of 4 August 1986 Titles II, III, IV, V, VII, VIII and X and regulation of the Migration and Aliens Act, Executive Decree number 19010 31 May 1989.
In the case of El Salvador:
a) Migration, Law N ° Decreto Legislativo 2772 dated 19 December 1958, published in the Official Journal No. 240, I 181, dated 23 December 1958;
b) Migration law regulations, Executive Decree No. 33 dated 9 March 1959, published in the Official Journal No. 56, I 182 dated 31 March 1959;
c) Aliens Act, Legislative Decree No 299 dated 18 February 1986, published in the Official Journal No. 290 I, 34, dated 20 February 1986; and
d) The agreement in Managua, signed at Managua, Nicaragua, on 22 April 1993 the CA-4 (agreements) in the area of migration facilitation and free movement of persons.
In the case of Guatemala:
a) Congressional Decree No. 95-98 Migration Law, published in the Official Journal of Central America on 23 December 1998;
b) Governmental Agreement No. 529-99, migration regulations, published in the Official Journal of Central America on 29 July 1999; and
c) The agreement in Managua, signed at Managua, Nicaragua, on 22 April 1993 the CA-4 (agreements) in the area of migration facilitation and free movement of persons.
In the case of Honduras:
a) Act of Population and Migration Policy Decree No. 34, published in the Diario "Official Gazette on 25 September 1970;
b) No agreement on migration procedures 8 facilities to foreign investors and traders, published in the Diario "Official Gazette on 19 August 1998; and
c) The agreement in Managua, signed at Managua, Nicaragua, on 22 April 1993 the CA-4 (agreements) in the area of migration facilitation and free movement of persons.
In the case of Nicaragua:
a) Law No. 153 of 24 February 1993, published in the Diario "Official Gazette No 80 of 30 April 1993, chapter II, articles 7 to 40;
b) Law No. 154 of 10 March 1993, published in the Diario "Official Gazette No 81 of 3 May 1993, article 13;
c) Decree No. 628 Act, pensioners or persons resident in Nicaragua, published in the Official Gazette No 264 Diario "of 19 November 1974; and
d) The agreement in Managua, signed at Managua, Nicaragua, on 22 April 1993 the CA-4 (agreements) in the area of migration facilitation and free movement of persons.
Part III. General Exceptions
Chapter 8. Exceptions
801. Definitions
For purposes of this chapter:
Tax convention means a convention for the avoidance of double taxation or other international agreement or arrangement
Tax;
The Fund: international Monetary Fund;
Payments for current international transactions means payments for international transactions
"flows, as defined in the Agreement Establishing the Fund;
International capital transactions means international capital transactions as defined in the Agreement Establishing the Fund; and
Transfers means international transactions and related international transfers and payments.
802. General Exceptions
This Treaty shall be incorporated into and form an integral part thereof, subparagraphs (a), (b) and (c) of article XIV of GATS and its amendments.
803. Security National
Nothing in this Treaty shall be construed as:
a) To require a party to furnish or allow access to information the disclosure of which it considers contrary to its essential security interests;
b) Prevent a Party from taking any action which it considers necessary to protect its essential security interests:
i) Relating to trade in arms, munitions and war materiel and trade operations and on goods, materials, technology and services undertaken directly or indirectly for the purpose of supplying a military establishment or other establishment of defence;
ii) Taken in time of war or other serious international tension or;
iii) With regard to the implementation of national policies or international agreements in the field of non-proliferation of nuclear weapons or other nuclear explosive devices; or
c) To prevent any Party from taking action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.
1. Nothing in this Treaty shall be construed as preventing a party from maintaining or adopting measures that restrict transfers where the party faces serious difficulties in their balance of payments, or threat thereof, provided that such restrictions are consistent with this article.
2. As soon as practicable after a party to apply a measure under this article, in accordance with the provisions of its international obligations, the Party:
a) Subject to revision of all restrictions on current account transactions in accordance with article VIII of the Articles of Agreement of the Fund;
b) Shall enter into consultations in good faith with the IMF on economic adjustment measures to address the fundamental underlying problems in the economic difficulties; and
c) Endeavour to adopt or maintain economic policies consistent with such consultations.
3. The measures that apply or maintain in accordance with this Article shall:
a) To avoid unnecessary damage to the economic, commercial or financial interests of another party;
b) Shall not be more burdensome than necessary to deal with the balance of payments difficulties or threat thereof;
c) Be temporary and phased out progressively as the situation improves the balance of payments;
d) Consistent with paragraph 2 (c) and with the Articles of Agreement of the Fund; and
e) Application of agreement with the most favourable, including the principles of National Treatment and most-favoured nation.