2. Where a Party recognizes, autonomously or by means of an agreement or arrangement, education or experience obtained, qualifications completed, or licenses or certificates granted in the territory of a non-Party, nothing in Article 13.4 shall be construed to require the Party to grant such recognition to education or experience obtained, qualifications completed, or licenses or certificates granted in the territory of the other Party.
3. A Party that is a party to an existing or future agreement or arrangement of the type referred to in paragraph 1 shall provide adequate opportunities for the other Party, if the other Party is interested, to negotiate its accession to such an agreement or arrangement or to negotiate comparable agreements or arrangements with it. Where a Party grants recognition autonomously, it shall provide adequate opportunities for the other Party to demonstrate that education, experience, licenses or certificates obtained or requirements fulfilled in the territory of that other Party should be subject to recognition.
4. No Party shall grant recognition in a manner that constitutes a means of discrimination between countries, in the application of its standards or criteria for the authorization or certification of service suppliers or the granting of licenses to them, or a disguised restriction on trade in services.
5. The Parties shall endeavor, to the extent possible, to encourage relevant professional service bodies in their territory to consider the use of standards and criteria in Annex 13.11 in discussions for a potential agreement or arrangement referred to in paragraph 1.
Article 13.12. Transfers and Payments
1. Each Party shall allow all transfers and payments related to the cross-border supply of services to be made freely and without delay into and out of its territory.
2. Each Party shall allow all transfers and payments related to the cross-border supply of services to be made in freely circulating currency at the market rate of exchange prevailing on the date of transfer.
3. Notwithstanding paragraphs 1 and 2, a Party may prevent or delay the completion of the transfer or payment, through the equitable, non-discriminatory and good faith application of its national law with respect to:
(a) bankruptcy, insolvency or protection of creditors' rights;
(b) issuance, trading or operation of securities, futures, options or derivatives;
(c) financial reporting or record keeping of transfers when necessary to assist law enforcement or financial regulatory authorities;
(d) criminal or penal infractions; or
(e) guarantee of compliance with judicial or administrative orders or rulings.
Article 13.13. Denial of Benefits
Subject to prior notification in accordance with Article 16.3 (Provision of Information) and consultations (8), a Party may deny the benefits of this Chapter to:
(a) a service supplier of the other Party if the service supplier is an enterprise owned or controlled by persons of a non-Party and the enterprise does not have substantial business activities in the territory of the other Party, or
(b) a service supplier of the other Party if the service supplier is an enterprise owned or controlled by persons of the denying Party and the enterprise has no substantial business activities in the territory of the other Party.
Article 13.14. Implementation
The Parties shall consult annually, or as otherwise agreed, to review the implementation of this Chapter and to consider other matters of trade in services of mutual interest.
Article 13.15. Definitions
For the purposes of this Chapter:
cross-border trade in services or cross-border supply of services means the provision of a service:
(a) from the territory of one Party to the territory of the other Party;
(b) in the territory of a Party, by a person of that Party, to a person of the other Party, or
(c) by a national of a Party in the territory of the other Party,
but does not include the supply of a service in the territory of a Party by a covered investment or by an investor of the other Party, as defined in Article 12.30 (Definitions);
company means a company as defined in Article 1.5 (Definitions of General Application) and a branch of a company;
existing means in effect on the date of entry into force of this Agreement;
service supplier of a Party means a person of that Party that intends to supply or does supply a service (9);
aircraft repair and maintenance services means activities performed on an aircraft or part of an aircraft while the aircraft is out of service and does not include so-called line maintenance;
computer reservation system (CRS) services means services provided through computerized systems that contain information about air carriers' schedules, seat availability, fares and fare-setting rules, and through which reservations can be made or tickets issued;
professional services means services that require higher education (10) or equivalent training or experience for their supply and the exercise of which is authorized or restricted by a Party, but does not include services supplied by persons engaged in a trade or to crew members of merchant ships and aircraft, and
sale or marketing of an air transport service means the opportunities for the air carier concemed to freely sell and market its air transport services, and all aspects of marketing, such as market research, advertising and distribution, but does not include the pricing of air transport services or the applicable terms and conditions.
Annex 13.11. Professional Services
Development of Professional Services Standards
1. Each Party shall encourage the relevant bodies in its respective territory to develop mutually acceptable standards and criteria for the licensing and certification of professional service suppliers, as well as to submit to the Commission recommendations on their mutual recognition.
2. The standards and criteria referred to in paragraph 1 may be developed in relation to the following aspects:
(a) education: accreditation of educational institutions or academic programs;
(b) examinations: qualifying examinations for licensing, including alternative methods of evaluation, such as oral examinations and interviews;
(c) experience: duration and nature of experience required to obtain a license;
(d) conduct and ethics: standards of professional conduct and the nature of disciplinary measures in the event of a breach of these standards;
(e) professional development and recertification: continuing education and related requirements to keep the professional certificate;
(f) scope of action: scope or limits of authorized activities; and
(g) local knowledge: requirements on knowledge of aspects such as laws, regulations, language, geography or local climate.
3. Upon receipt of a recommendation referred to in paragraph 1, the Commission shall review it within a reasonable period of time to decide whether it is consistent with this Agreement. On the basis of the Commission's review, each Party shall encourage its respective competent authorities to implement that recommendation, where appropriate, within a mutually agreed period of time.
Temporary Licenses
4. For mutually agreed individual professional services, each Party shall encourage the competent bodies in its territory to develop procedures for the granting of temporary licenses to professional service suppliers of the other Party.
Professional Services Working Groups
5. The Parties, by mutual agreement, may form working groups on professional services, including representatives of relevant professional bodies of each Party, to facilitate the activities listed in paragraphs 1 and 4.
6. Working groups may consider, for individual professional services, the following issues:
(a) developing workable procedures on standards for licensing and certification of professional service providers; and
(b) other matters of mutual interest related to the provision of professional services.
7. The working groups should report to the Commission on their progress and future direction with respect to their work.
Review
8. The Commission shall review the implementation of this Annex at least once every three (3) years.
Chapter 14. Temporary Entry of Business Persons
Article 14.1. General Principles
1. In addition to the provisions of Article 1.2 (Objectives), this Chapter reflects the preferential trade relationship that exists between the Parties, the mutual objective of facilitating the temporary entry of business persons in accordance with their national legislation and the provisions of Annexes 14.3.1 and 14.3.2, based on the principle of reciprocity, and the need to establish transparent criteria and procedures for the temporary entry of business persons. It also reflects the need to ensure border security and protect the national labor force and permanent employment in their respective territories.
2. This Chapter shall not apply to measures affecting natural persons of a Party seeking access to the labor market of the other Party (1), nor to measures relating to citizenship, nationality, permanent residence, or employment on a permanent basis.
Article 14.2. General Obligations
1. Each Party shall apply its measures relating to the provisions of this Chapter in accordance with Article 14.1, and in particular shall apply them expeditiously to avoid undue delay or impairment in trade in goods or services or in the conduct of investment activities in accordance with this Agreement.
2. For greater certainty, nothing in this Chapter shall be construed to prevent a Party from applying measures to regulate the entry of natural persons into, or their temporary stay in, its territories, 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 a manner that unduly delays or impairs trade in goods or services or the conduct of investment activities in accordance with this Agreement. The mere fact of requiring a visa for natural persons shall not be deemed to unduly impair or impede trade in goods or services or investment activities pursuant to this Agreement.
Article 14.3. Temporary Entry Authorization
1. In accordance with the provisions of this Chapter, each Party shall authorize temporary entry for business persons who comply with the immigration measures applicable to temporary entry and other measures related to public health and safety and national security, in accordance with this Chapter, including the provisions contained in Annex 14.3.1 and Annex 14.3.2.
2. Each Party shall establish the amount of fees for processing applications for temporary entry of business persons in a manner that does not unduly delay or impair trade in goods or services or the conduct of investment activities in accordance with this Agreement and does not exceed the approximate administrative costs.
3. The authorization of temporary entry under this Chapter does not replace the requirements for the exercise of a profession or activity in accordance with the specific regulations in force in the tenitory of the Party authorizing the temporary entry.
Article 14.4. Exchange of Information
1. In addition to Article 16.2 (Publication), and recognizing the importance to the Parties of transparency of information on the temporary entry of business persons, each Party shall:
(a) provide the other Party with relevant materials to enable it to become acquainted with its measures relating to this Chapter; and
(b) no later than six (6) months after the date of entry into force of this Agreement, prepare, publish and make available materials explaining the requirements for the temporary entry of business persons, including references to applicable national legislation, in accordance with this Chapter, so that business persons of the other Party may be aware of them.
2. Each Party shall collect, maintain and make available to the other Party, upon request and in accordance with its respective national legislation, information regarding the granting of temporary entry authorizations for business persons, in accordance with this Chapter, to business persons of the other Party to whom immigration documentation has been issued, in order to include specific information regarding each category authorized in Annex 14.3.1.
Article 14.5. Committee on Temporary Entry of Business Persons
1. The Parties establish a Committee on Temporary Entry of Business Persons (hereinafter the Committee), composed of representatives of each Party (2).
2. The functions of the Committee shall include, among other matters of mutual interest:
(a) review the implementation and administration of this Chapter,
(b) report to the Commission on the implementation and administration of this Chapter, as appropriate;
(c) to establish procedures for the exchange of information on measures affecting the temporary entry of business persons in accordance with this Chapter,
(d) consider developing measures to further facilitate the temporary entry of business people;
(e) compliance with matters established pursuant to Article 14.6; and
(f) to deal with any other matter related to this Chapter.
3. Unless otherwise agreed by the Parties, the Committee shall meet at least once every three (3) years, on the date and according to the agenda previously agreed by the Parties. The Parties shall determine those cases in which extraordinary meetings may be held.
4. The meetings may be held by any means agreed upon by the Parties. When they are face-to-face, they shall be held altemately in the territory of each Party, and it shall be the responsibility of the host Party to organize the meeting.
5. Unless otherwise agreed by the Parties, the Committee shall be of a permanent nature and shall develop its working rules.
6. All decisions of the Committee shall be made by mutual agreement.
Article 14.6. Cooperation
Taking into consideration the principles set forth in Article 14.1, the Parties shall endeavor to the extent possible:
(a) cooperate to strengthen institutional capacity and promote technical assistance among migration authorities;
(b) exchange information and experiences on regulations and implementation of programs and technology in the framework of immigration matters, including those related to the use of biometric technology, advance passenger information systems, frequent flyer programs and travel document security, and
(c) strive to actively coordinate in multilateral fora to promote the facilitation of temporary entry of business people.
Article 14.7. Settlement of Disputes
1. A Party may not initiate proceedings under Chapter 15 (Dispute Setttement) of this Agreement with respect to a denial of temporary entry authorization under this Chapter unless:
(a) the matter concems a recurring practice; and
(b) the business person concemed has exhausted, in accordance with applicable national law, the administrative remedies available to it in respect of that particular matter.
2. The remedies referred to in subparagraph 1 (b) shall be deemed exhausted when the competent authority has not issued a final resolution within one (1) year from the initiation of an administrative proceeding, and the resolution has been delayed for causes that are not attributable to the business person concemed.
Article 14.8. Relationship to other Chapters
1. Nothing in this Agreement shall be construed to impose any obligation on the Parties with respect to their migration measures, provided, however, that the provisions of this Chapter and the relevant provisions of Chapter 1 (Initial Provisions and General Definitions), Chapter 15 (Dispute Settlement), Chapter 16 (Transparency), Chapter 17 (Administration of the Agreement), Chapter 18 (Exceptions) and Chapter 19 (Final Provisions) shall apply.
2. Nothing in this Chapter shall be construed as imposing any obligations or commitments with respect to other Chapters of this Agreement.
Article 14.9. Transparency In the Processing of Applications
1. In addition to Chapter 16 (Transparency), each Party shall establish or maintain appropriate mechanisms to respond to inquiries from interested persons on applications and procedures relating to the temporary entry of business persons.
2. Each Party shall endeavor, within a reasonable time in accordance with its national law, after considering that the application for temporary entry is complete under its national law, to inform the applicant of the decision taken on his application. At the request of the applicant, the Party shall endeavor to provide, without undue delay, information conceming the status of the application.
Article 14.10. Definitions
For the purposes of this Chapter, the following definitions shall apply:
business activities means those legitimate activities of a commercial nature created and operated for the purpose of obtaining profits in the marketplace. It does not include the possibility of obtaining employment, or wages or remuneration from a labor source in the territory of a Party;
executive means a business person in an organization who primarily directs the management of the organization, exercises broad decision-making, and receives only general supervision or direction from senior executives, the board of directors and/or shareholders of the business;
temporary entry means entry into the teritory of a Party by a business person of the other Party, without the intention of establishing permanent residence;
specialist means an employee who possesses specialized knowledge of the company's products or services, technical expertise or an advanced level of experience or knowledge of the company's processes and procedures;
manager means a business person in an organization who primarily directs the organization or a department or subdivision of the organization, supervises and controls the work of other supervisory, professional or managerial employees, has the authority to hire and fire, or take other personnel actions (such as authorizing promotions or leaves), and exercises discretionary authority in day-to-day operations;
business person means a national of a Party engaged in trade in goods or the supply of services, or in investment activities; and
national: means national as defined in Article 1.5 (Definitions of General Application), but does not include permanent residents.
Annex 14.3.1. 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 1 of this Section, without requiring him 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 proving the nationality of a Party;
(b) documentation evidencing that the business person will engage in any business activity set forth in Appendix 1 to this Section and stating the purpose of entry; and
(c) proof of the intemational 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 subparagraph 1(c) when 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 profits are actually eamed 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 as sufficient evidence a letter from the employer or the organization he represents stating the circumstances described in subparagraphs 2(a) and 2 (b).
3. No Party may:
(a) require, as a condition for authorizing temporary entry under paragraph 1, prior approval procedures or other procedures having similar effect, or
(b) impose or maintain any numerical restrictions on temporary entry pursuant to paragraph 1.
4. A Party may require a business person requesting temporary entry under this Section to obtain a pre-entry visa.
Appendix 1. Business Visitors
Business activities covered under Section A include:
1. Meetings and Consulting:
Business people attending meetings, seminars or conferences, or conducting consulting engagements.
2. Research and Design:
Technical, scientific and statistical researchers conducting independent research or research for an enterprise established in the territory of the other Party.
3. Cultivation, Manufacturing and Production:
Procurement and production personnel, at management level, who conduct business operations for an enterprise established in the territory of the other Party.
4. Marketing:
(a) Market researchers and analysts who conduct research or analysis independently or for a company established in the territory of the other Party.
(b) Trade show and promotional staff 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 do not deliver the goods or supply the services.
(b) Purchasers making purchases for an enterprise established in the territory of the other Party.
6. 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 an enterprise established outside the territory of the Party from which temporary entry is requested, during the term of the warranty or service contract.
7. 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 who advise clients or attend or participate in conventions.
(c) Tourism personnel (tour and travel agents, tour guides or tour operators) attending or participating in conventions.
(d) Specialized kitchen personnel who attend or participate in gastronomic events or exhibitions, train or provide advice to customers, 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 those services which, in accordance with the legislation of the Party authorizing temporary entry, must be provided by authorized translators.
(f) Information and communications technology service providers who attend meetings, seminars or conferences or who carry out consultancies.