(g) Marketers and franchise development consultants wishing to offer their services in the territory of the other Party.
Section B. Merchants and Investors
1. Each Party shall authorize temporary entry and issue immigration documentation to a business person who intends to:
(a) to engage in substantial trade in goods or services, principally between the territory of the Party of which it 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 its enterprise has committed or is in the process of committing a significant 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; or
(b) impose or maintain numerical restrictions in connection with temporary entry pursuant to paragraph 1.
3. A Party may require a business person requesting temporary entry under this Section to obtain a pre-entry visa.
Section C. Transfers of Personnel Within an Enterprise
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 such enterprise or in one of its subsidiaries or affiliates, provided that such person and such 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 (1) year within the three (3) years immediately preceding the date of submission of the application.
2. Each Party may require the approval of the employment contract by the competent authority as a prerequisite for the authorization of temporary entry.
3. For greater certainty, nothing in this Section shall be construed to affect the labor or professional practice laws of either Party.
4. For greater certainty, in accordance with its national legislation, a Party may require that the transferred business person perform the services under a subordinate relationship in the receiving enterprise.
5. A Party may require a business person requesting temporary entry under this Section to obtain a pre-entry visa.
Annex 14.3.2. Permanency Periods
Section A. Costa Rica
In the case of Costa Rica, the length of stay will be established at the discretion of the General Directorate of Immigration and Foreigners within the following maximum periods:
1. Business Visitors:
{a) Initial term: from one (1) day to thirty (30) days.
(b) Request for extension of stay: from thirty (30) days up to ninety (90) days.
(c) Application period: one (1) year with the possibility of extension for up to two (2) years. 2. Traders and Investors:
(a) Merchants:
(i) Initial term: from one (1) day to thirty (30) days.
(ii) Request for extension of stay: from thirty (30) days up to ninety (90) days.
(iii) Application period: one (1) year with the possibility of extension for up to two (2) years.
(b) Investors:
(i) Permanence: ninety (90) days up to two (2) years, extendable for up to two (2) years.
3. Transfers of Personnel within a Company:
Permanence: one (1) year with the possibility of extension for up to two (2) years.
Section B. Peru
1. Business Visitors:
It is granted a period of permanence of up to one hundred eighty-three (183) days.
2. Merchants:
It is granted a period of permanence of up to one hundred eighty-three (183) days.
3. Investors:
(a) Investors in the process of committing an investment: they are granted a period of permanence of up to one hundred eighty-three (183) days.
(b) Independent: they are granted a period of permanence of up to one (1) year, renewable for consecutive periods as many times as requested, as long as the conditions for which they were granted are maintained.
4. Transfers of Personnel within a Company:
It is granted a period of permanence of up to one (1) year, renewable for consecutive periods as many times as requested, as long as the conditions that motivated its granting are maintained.
Chapter 15. Dispute Resolution
Article 15.1. 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 15.2. Scope of Application
Except as otherwise provided in this Agreement, the dispute setttement 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, or
(b) the other Party has failed in any way to comply with its obligations under this Agreement.
Article 15.3. Election of the Forum
1. In the event 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 choose 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 15.4. 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 15.2.
2. The requesting Party shall seek to initiate consultations by means of a written request to the other Party, and shall state the reasons for its request, including identification of the 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 thirty (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 commence within fifteen (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 the 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 anive at a mutually satisfactory solution of any matter through consultations, in accordance with the provisions of this Article. To this end, each Party:
(a) provide sufficient information to permit a full review of the existing or proposed measure or any other matter that may affect the operation and implementation of this Agreement, and
(b) shall treat confidential or proprietary information received during consultations in the same manner as that accorded to it by the Party that provided it.
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 upon by the Parties. In the event that the consultation is face-to-face, it shall be held in the capital of the consulted Party, unless otherwise agreed by the Parties.
Article 15.5. Establishment of a Panel
1. Unless otherwise agreed by the Parties, and without prejudice to paragraph 5, if a matter referred to in Article 15.4 has not been resolved within:
(a) forty (40) days after receipt of the request for consultation;
(b) twenty-five (25) days after receipt of the request for consultations in the case of matters referred to in Article 15.4.4; 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 send to the other Party a written request for the establishment of a panel, stating the reason for the request, identifying the specific measures or other matter that are the subject of the complaint and providing a brief summary of the legal basis of the complaint with sufficient information to present the problem clearly.
3. With the submission of the application, it will be understood that the panel has been established.
4. Unless otherwise agreed by the Parties, 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 draft measure. Article 15.6: Qualifications of Panelists All panelists shall:
(a) have specialized knowledge or experience in law, intemational trade, other matters related to this Agreement or in the setttement of disputes arising from international trade agreements;
(b) be selected strictly on the basis of their objectivity, impartiality, reliability and sound judgment, (c) be independent, not be related to, and not receive instructions from, any of the Parties; and
(d) comply with the Code of Conduct to be established by the Commission, in accordance with Article 17.1.2(d) {The Free Trade Commission).
Article 15.7. Selection of the Panel
1. The panel shall be composed of three (3) members.
2. Each Party shall, within fifteen (15) days after the date of receipt of the request for the establishment of the panel, appoint one (1) panelist, propose up to four (4) non-national candidates of the Parties for the position of chairperson of the panel and notify the other Party in writing of the appointment of its panelist and its proposed candidates for the position of chairperson of the panel.
3. If a Party fails to appoint one (1) panelist within the stipulated period, the panelist shall be selected by the other Party within five (5) days thereafter from among the candidates who have been proposed for the chairmanship.
4. The Parties shall, within thirty (30) days from the date of receipt of the request for the establishment of a panel, endeavor to reach an agreement and appoint the chairperson from among the candidates that have been proposed. If within that time the Parties are unable to agree on the chairperson, the chairperson shall be selected by lot from among the candidates that have been proposed within seven (7) days after the expiration of the thirty (30) day period.
5. If a panelist appointed by a Party resigns, is removed or is unable to serve, that Party shall appoint a new panelist within fifteen (15) days, failing which the appointment of the new panelist shall be made in accordance with paragraph 3. If the chair of the panel resigns, is removed or is unable to serve, the Parties shall agree on the appointment of a replacement within fifteen (15) days, failing which the replacement shall be appointed in accordance with paragraph 4. If no other candidates remain, each Party shall propose up to three (3) additional candidates within an additional twenty (20) days and the panelist or chairperson shall be selected by lot within seven (7) days thereafter from among the proposed candidates. In either case, any time limit shall be suspended as of the date on which the panelist or chairperson resigns, retires, or is otherwise unable to serve, and the suspension shall terminate on the date of selection of the replacement
Article 15.8. Rules of Procedure
1. The Commission shall establish the Rules of Procedure, in accordance with Article 17.1.2(d) (The Free Trade Commission).
2. Any panel established under this Chapter shall follow the Rules of Procedure. A panel may establish, in consultation with the Parties, supplementary rules of procedure that do not conflict with the provisions of this Chapter.
3. Unless otherwise agreed by the Parties, the Rules of Procedure shall ensure:
(a) that the procedures shall guarantee the right to at least one hearing before the panel, as well as the opportunity to present written pleadings and rebuttals;
(b) that the hearings before the panel, the deliberations, as well as all written submissions and communications made in the proceeding, shall be confidential;
(c) that all submissions and comments made by a Party to the panel shall be made available to the other Party;
(d) the protection of information that either Party designates as confidential information; and
(e) the possibility of using technological means to carry out the procedures, provided that the means used does not diminish the right of a Party to participate in the procedures and that its authenticity can be guaranteed.
4. Unless otherwise agreed by the Parties within fifteen (15) days after the establishment of the panel, the terms of reference of the panel shall be:
"To examine, in an objective manner and in the light of the relevant provisions of this Agreement, the matter referred to in the request for the establishment of the panel and to make findings, rulings and recommendations as provided in Article 15.9."
5. If a Party wishes the panel to make findings on the level of adverse trade effects on a Party as a result of any measure found to be inconsistent with the obligations of the Agreement, the terms of reference should so state.
6. At the request of a Party or on its own initiative, the panel may seek information and technical advice from such experts as it deems necessary, provided that the Parties so agree, and on such terms and conditions as those Parties may agree, in accordance with the Rules of Procedure.
7. The panel may delegate to the chairperson the authority to make administrative and procedural decisions.
8. The panel may, in consultation with the Parties, modify any time limit for its proceedings and make such other administrative or procedural adjustments as may be required for the transparency and efficiency of the proceeding.
9. The findings, determinations and recommendations of the panel, in accordance with the provisions of Article 15.9, shall be adopted by a majority of its members.
10. Panelists may submit separate opinions on matters on which a unanimous decision was not reached. The panel may not disclose the identity of the panelists wno have expressed a majority or minority opinion.
11. Unless otherwise agreed by the Parties, the expenses of the panel, including the remuneration of its members, shall be bome equally, in accordance with the Rules of Procedure.
Article 15.9. Report of the Panel
1. Unless the Parties agree otherwise, the panel shall base its report on the relevant provisions of this Agreement, the submissions and arguments of the Parties, or any information received by it pursuant to Article 15.8.
2. Unless otherwise agreed by the Parties, the panel shall submit the report to the Parties within one hundred and twenty (120) days or ninety (90) days in cases of urgency, counted from the appointment of the last panelist.
3. Only in exceptional cases, if the panel considers that it is unable to issue its report within one hundred twenty (120) days or ninety (90) days for urgent cases, it shall inform the Parties in writing of the reasons justifying the delay, together with an estimate of the time within which it will issue its report. Any delay shall not exceed an additional thirty (30) days, unless otherwise agreed by the Parties.
4. The report will contain:
(a) conclusions, with factual and legal grounds;
(b) determinations as to whether or not a Party has complied with its obligations under this Agreement and any other determinations requested in the mandate; and
(c) its recommendations for the implementation of the decision, when requested by any of the Parties.
5. The panel shall not disclose confidential information in its report, but may state conclusions derived from such information.
6. Unless otherwise agreed by the Parties, the Parties shall make the report available to the public within fifteen (15) days of its receipt, subject to the protection of confidential information.
Article 15.10. Compliance with the Report
1. Upon receipt of a panel report, the Parties shall reach an agreement on the settlement of the dispute, which shall be in accordance with the findings and recommendations of the panel, if any, unless the Parties agree otherwise.
2. If possible, the solution shall consist of the elimination of any measure that does not comply with the provisions of this Treaty.
3. If the Parties do not agree on a solution within thirty (30) days after the submission of the report, or within such other period as the Parties may agree, the Party complained against shall, at the request of the complaining Party, enter into negotiations with a view to agreeing on compensation. Such compensation shall be of a temporary nature and shall be granted until the dispute is settled.
Article 15.11. Noncompliance - Suspension of Benefits
1. If the Parties:
(a) have not reached an agreement on the settlement of the dispute and compensation has not been requested in accordance with Article 15.10 within thirty (30) days after the submission of the report, or
(b) do not agree on compensation in accordance with Article 15.10, within thirty (30) days after the filing of the request by the complaining Party; or
(c) have reached an agreement on dispute settlement or compensation in accordance with Article 15.10 and the complaining Party considers that the Party complained against has not complied with the terms of the agreement,
the complaining Party may, upon notification to the Party complained against, suspend benefits of equivalent effect to such Party complained against. In the notification, the complaining Party shall specify the level of benefits it proposes to suspend.
2. In considering the benefits to be suspended pursuant to paragraph 1:
(a) the complaining Party shall first seek to suspend benefits within the same sector or sectors that are affected by the measure or other matter that the panel has concluded is inconsistent with the obligations under this Agreement, and
(b) a complaining Party that considers it impracticable or ineffective to suspend benefits within the same sector or sectors may suspend benefits in other sectors.
3. The suspension of benefits shall be of a temporary nature and shall only be applied by the complaining Party until:
(a) the measure found to be inconsistent with the obligations of this Agreement is brought into conformity with this Agreement, or
(b) the time at which the Parties reach an agreement on the settlement of the dispute; or (c) that the panel described in Article 15.12 concludes in its report that the Party complained against has complied.
Article 15.12. Compliance Review and Suspension of Benefits
1. A Party may, by written notice to the other Party, request that the panel established under Article 15.5 be reconvened to make a determination:
(a) whether the level of suspension of benefits applied by the complaining Party in accordance with Article 15.11.1 is grossly excessive; or
(b) on any disagreement as to the existence of measures taken to comply with the originally established panel report or as to the compatibility of such measures with this Agreement
2. In the written communication, the Party shall indicate the specific measures or issues in dispute and provide a brief summary of the legal basis of the complaint sufficient to present the problem clearly.
3. If the original panel or any of its members cannot be reconvened, the provisions of Article 15.7 shall apply mutatis mutandis.
4. The provisions of Articles 15.8 and 15.9 apply mutatis mutandis to the procedures adopted and reports issued by a panel that is reconstituted under the terms of this Article, with the exception that, as provided in Article 15.8.8, the panel shall submit a report within sixty (60) days of the appointment of the last panelist if the request refers to subparagraph 1(a) and within ninety (90) days if the request refers to subparagraph 1(b).
5. A panel reconvened under subparagraph 1(b) shall determine whether it is appropriate to terminate any suspension of benefits. If the panel is reconstituted under subparagraph 1(a) and determines that the level of suspended benefits is manifestly excessive, it shall set the level of benefits it considers to be of equivalent effect.
Article 15.13. Matters Relating to Judicial and Administrative Proceedings
1. If a dispute arises as to the interpretation or application of this Agreement in any intemal judicial or administrative proceeding of a Party that either Party considers merits its intervention, or if a court or administrative body requests the opinion of a Party, that Party shall so notify the other Party. The Commission shall endeavor to agree, as soon as possible, on an appropriate response.
2. The Party in whose territory the court or administrative body is located shall submit the interpretation agreed upon by the Commission to the court or administrative body, in accordance with the procedures of the court or administrative body concemed.
3. If the Commission is unable to reach agreement, each Party may submit its own views to the court or administrative body, in accordance with the procedures of that body.
Article 15.14. Rights of Individuals
Neither Party may grant a right of action under its domestic law against the other Party on the ground that a measure of the other Party is inconsistent with this Agreement.
Article 15.15. Alternative Means of Dispute Resolution
1. To the greatest extent possible, each Party shall promote and facilitate recourse to arbitration and other alternative means of settling international commercial disputes between private parties in the free trade area.
2. For these purposes, each Party shall provide for appropriate procedures to ensure the enforcement of arbitration agreements and the recognition and enforcement of arbitral awards rendered in such disputes.
3. A Party shall be deemed to be in compliance with paragraph 2 if itis a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958, and conforms to its provisions.
Article 15.16. Suspension and Tennination of Proceedings
1. The Parties may agree to suspend the work of the panel at any time for a period not exceeding twelve (12) months from the date of such agreement. If the work of the panel remains suspended for more than twelve (12) months, the authority of the panel shall lapse, unless the Parties agree otherwise. If the authority of the panel lapses and the Parties have not reached an agreement on the setttement of the dispute, nothing in this Article shall prevent a Party from requesting a new proceeding regarding the same matter.
2. The Parties may agree to terminate the panel proceedings by joint notification to the chairperson of the panel at any time prior to the notification of the report.
Chapter 16. Transparency
Article 16.1. Points of Contact
1. Each Party shall designate within sixty (60) days after the date of entry into force of this Agreement, a point of contact to facilitate communications between the Parties on any matter covered by this Agreement.
2. At the request of the other Party, the contact point shall indicate the office or official responsible for the matter and provide such support as may be necessary to facilitate communication with the requesting Party.