Development of Professional Services Standards
1. Each Party shall encourage the relevant bodies in its respective territories to develop mutually acceptable standards and criteria for the issuance of licenses and certificates to professional service providers and to submit recommendations to the Commission on their mutual recognition.
2. The standards and criteria referred to in paragraph 1 may be elaborated in relation to the following aspects:
(A) education: accreditation of educational institutions or academic programs;
(B) examinations: qualifying examinations for licensing, including alternative assessment methods, such as oral examinations and interviews;
(C) experience: duration and nature of the experience required to obtain a license;
(D) conduct and ethics: standards of professional conduct and the nature of disciplinary measures in case of contravention of those standards;
(E) professional development and renewal of certification: continuing education and the corresponding requirements to keep the professional certificate;
(F) scope of action: scope or limits of authorized activities; Y
(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 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 this recommendation, where appropriate, within a mutually agreed time-frame.
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 providers of the other Party.
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Working Group on Professional Services
5. The Parties may, by mutual agreement, establish working groups on professional services, including representatives of the 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) develop viable standards procedures for the licensing and certification of professional service providers; Y
(B) other matters of mutual interest related to the provision of professional services.
7. The working groups shall report to the Commission on their progress and future direction with regard 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 People
141:. General Principles
1. In addition to Article 1.2 (Objectives), this Chapter reflects the preferential commercial relationship 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 the security of borders and to protect the national workforce and permanent employment in their respective territories.
2. This Chapter shall not apply to measures affecting natural persons of one Party seeking access to the labor market of the other Party 1 or to measures relating to citizenship, nationality, permanent residence or permanent employment.
142:. 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 delays or undue impairment in trade in goods or services or in the conduct of Investment in accordance with this Treaty.
2. For the sake of certainty, no provision of this Chapter shall be construed to prevent a Party from applying measures to regulate the entry or residence of natural persons in its territory, including those measures necessary to protect the integrity of its frontiers and Ensure the orderly movement of natural persons through them, 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 considered as undue impairment or impediment in the trade of goods or services or investment activities in accordance with this Agreement.
143:. Authorization of Temporary Entry
1. In accordance with the provisions of this Chapter, each Party shall authorize the temporary entry of business persons who comply with the migratory measures applicable to temporary entry and other measures related to health and safety
1 For greater certainty, this paragraph does not nullify or impair the obligations under Section C of Annex 14.3.1.
And national security, including the provisions contained in Annexes 14.3.1 and 14.3.2.
2. Each Party shall establish the value of rights in processing applications for temporary entry of business persons in a manner that does not delay or unduly impair trade in goods or services or the conduct of investment activities in accordance with this Agreement And do not exceed the approximate administrative costs.
3. The authorization of temporary entry under this Chapter does not replace the requirements required for the exercise of a profession or activity in accordance with the specific regulations in force in the territory of the Party authorizing temporary entry.
144:. Exchange of Information
1. In addition to Article 16.2 (Publication), and recognizing the importance to Parties of the 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 ascertain its measures relating to this Chapter; Y
(B) at the latest six (6) months after the date of entry into force of this Agreement, prepare, publish and make available to the interested parties material explaining the requirements for temporary entry, including references to legislation Applicable in accordance with this Chapter, so that the business persons of the other Party may know them.
2. Each Party shall, on request and in accordance with its national legislation, collect, maintain and make available to the other Party information relating to the granting of authorizations for the temporary entry of business persons, in accordance with this Chapter, to persons Of the other Party to whom migration documentation has been issued, in order to include specific information pertaining to each category authorized in Annex 14.3.1.
145:. Temporary Entry Committee of Business People
1. The Parties hereby establish a Temporary Entry Committee for Business Persons (hereinafter referred to as the Committee), composed of representatives of each Party.
2. The functions of the Committee shall include, among other matters of mutual interest:
2 In the case of Honduras, the representatives will be the Secretary of State in the Office of Economic Development, the Secretary of State in the Office of Labor and Social Security, and the National Institute of Migration, or their successors.
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(A) review the implementation and administration of this Chapter;
(B) reporting to the Commission on the implementation and administration of this Chapter, where appropriate;
(C) establish procedures for the exchange of information on measures affecting the temporary entry of business persons under this Chapter;
(D) consider developing measures to further facilitate the temporary entry of business persons;
(E) compliance with matters established in accordance with Article 14.6; Y
(F) address 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 in accordance with the agenda previously agreed upon by the Parties. The Parties shall determine those cases in which special meetings may be held.
4. Meetings may be held by any means agreed upon by the Parties. When present, they shall be held alternately in the territory of each Party, and it shall be the responsibility of the Party hosting the meeting.
5. Unless otherwise agreed by the Parties, the Committee shall be of a permanent nature and shall draw up its working rules.
6. All decisions of the Committee shall be taken by mutual agreement.
146:. Cooperation
Taking into account the principles set forth in Article 14.1, the Parties shall endeavor as far as possible to:
(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 context of migration issues, including those related to the use of biometric technology, advanced passenger information systems, frequent passenger programs and travel document security; and
(C) strive to co-ordinate actively in multilateral fora, in order to promote the facilitation of the temporary entry of business people.
147:. Settlement of Disputes
1. A Party may not commence proceedings pursuant to Chapter 15 (Settlement of Disputes) in respect of a refusal to authorize temporary entry under this Chapter unless:
(A) the case concerns a recurring practice; and
(B) the business person concerned has exhausted, in accordance with applicable national law, the administrative remedies available to him in respect of that particular case.
2. The remedies referred to in sub-paragraph 1 (b) shall be considered exhausted when the competent authority has not issued a final decision within one (1) year from the beginning of an administrative proceeding and the decision has been delayed For reasons that are not attributable to the affected business person.
148:. Relation with other Chapters
1. Nothing in this Agreement shall be interpreted as imposing any obligation on the Parties with respect to their immigration measures, however, the provisions of this Chapter and those of Chapter 1 (General Provisions and General Definitions), Chapter 15 (Dispute Settlement), Chapter 16 (Transparency), Chapter 17 (Treaty Administration), Chapter 18 (Exceptions), and Chapter 19 (Final Provisions).
2. Nothing in this Chapter shall be construed as imposing obligations or commitments with respect to other Chapters of this Agreement.
149:. Transparency In the Processing of Requests
1. In addition to Chapter 16 (Transparency), each Party shall establish or maintain adequate mechanisms to respond to the inquiries of persons interested in applications and procedures relating to the temporary entry of business persons.
2. Each Party shall endeavor, within a reasonable period of time in accordance with its national law, to inform the applicant of the decision taken in respect of its request, after considering that the request for temporary entry is complete in accordance with its national law. At the request of the applicant, the Party shall endeavor to provide, without undue delay, information concerning the status of the request.
1410:. Definitions
For the purposes of this Chapter:
Business activities means those legitimate commercial activities created and operated for the purpose of gaining profits in the market. It does not include the possibility of obtaining employment, nor salary or remuneration coming from labor source in the territory of a Party;
Executive means a business person in an organization that primarily directs the management of the organization, widely exercises decision-making and receives only general supervision or direction from senior executives, board of directors and / or business shareholders;
Temporary entry means the entry into the territory of one Party by a business person of the other Party, without the intention of establishing permanent residence;
Specialist means an employee who has 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 that primarily directs the organization or a department or subdivision of the organization, oversees and controls the work of other supervisory, professional, or managerial employees, has the authority to hire and fire, or take other actions (Such as authorization of promotions or permits) and exercise discretionary authority in day-to-day operations;
National means a national as defined in Article 1.5 (Definitions of General Application), but does not include permanent residents; Y
Business person means the national of a Party engaged in trade in goods or the provision of services, or in investment activities.
Annex 14.3.1: Categories of Business Persons Section A: Business Visitors
1. Each Party shall authorize temporary entry to the business person who intends to carry out any of the business activities referred to in Appendix 1 to this Section without requiring him to obtain a work permit or employment authorization, Provided that such person, in addition to complying with the existing immigration measures applicable to temporary entry, exhibits:
(A) evidence proving the nationality of a Party;
(B) documentation proving that the business person will engage in any business activity set forth in Appendix 1 to this Section and state the purpose of their entry; Y
(C) proof of the international nature of the proposed business activity and that the business person does not intend to enter the local labor market.
2. Each Party shall provide that a business person complies with the requirements of sub-paragraph 1 (c) when he demonstrates that:
(A) the principal source of remuneration for the proposed business activity is outside the territory of the Party authorizing temporary entry; Y
(B) the principal place of business of that person and where the profits are actually earned is predominantly outside the territory of the Party granting temporary entry.
Normally, a Party will accept a statement as to the principal place of business and the actual place where profits are actually earned. In the event that the Party requires any additional verification in accordance with its national legislation, it shall normally consider that a letter from the employer or the organization representing such circumstances described in sub-paragraphs 2 (a) and 2 (b).
3. Neither Party may:
(A) require, as a condition for authorizing temporary entry under paragraph 1, prior approval procedures or other procedures having a similar effect; neither
(B) impose or maintain any numerical restrictions on temporary entry in accordance with paragraph 1.
4. A Party may require the business person applying for temporary entry under this Section to obtain a visa prior to entry.
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Appendix 1: Business Visitor
Business activities covered under Section A include:
1. Meetings and Consultancies:
Business persons attending meetings, seminars or conferences, or conducting consultations and consultancies.
2. Research and Design:
Technical, scientific and statistical researchers conducting independent research or investigations for a company established in the territory of the other Party.
3. Cultivation, Manufacturing and Production:
Procurement and production personnel, at managerial level, carrying out commercial operations for a company established in the territory of the other Party.
4. Marketing:
(A) researchers and market analysts conducting research or analysis independently or for an enterprise established in the territory of the other Party; Y
(B) staff of trade and promotional fairs attending trade conventions.
5. Sales:
(A) representatives and sales agents who place orders or negotiate contracts for goods or services for an enterprise established in the territory of the other Party but not delivering the goods or providing the services; and
(B) purchasers who make purchases for a company established in the territory of the other Party.
6. Post Sale Services:
Installation, repair, maintenance and supervisor personnel who have the technical expertise essential to fulfill the seller's contractual obligation; And to provide services or train workers to provide such services under a warranty or other service contract relating to the sale of commercial or industrial equipment or machinery, including computer software purchased from a company established outside the territory of The Party to which temporary entry is requested, during the term of the warranty or service agreement.
7. General services:
(A) management and supervisory personnel engaged in commercial operations for a company located in the territory of the other Party;
(B) public relations and publicity personnel, providing advice to clients or attending or participating in conventions;
(C) tourism staff (travel and travel agents, tour guides or tour operators), attending or participating in conventions;
(D) specialized cooks 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 those services which, in accordance with the law of the Party authorizing temporary entry, must be provided by authorized translators;
(F) providers of information and communications technology services attending meetings, seminars or conferences or conducting consultations; Y
(G) traders and consultants in the development of franchises who wish to offer their services in the territory of the other Party.
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1. Each Party shall authorize temporary entry and shall issue supporting documentation to the business person who intends to:
(A) carry out a substantial commercial exchange of goods or services, principally between the territory of the Party of which it is a national and the territory of the Party to which the entry is requested; or
(B) establish, develop or manage an investment in which the business person or his enterprise has committed or is likely to commit a significant amount of capital in accordance with national legislation,
Provided that the business person also complies with the existing immigration measures applicable to temporary entry.
2. Neither Party may:
(A) require labor certification tests or other procedures of similar effect as a condition for authorizing temporary entry under paragraph 1; neither
(B) impose or maintain numerical restrictions in respect of temporary entry under paragraph 1.
3. A Party may require the business person applying for temporary entry under this Section to obtain a visa prior to entry.
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Section C.
"Transfers of Personnel within a Company
1. Each Party shall authorize temporary entry and issue supporting documentation to the business person employed by an enterprise who is transferred to be an executive, manager, or specialist in such enterprise or one of its subsidiaries or affiliates, provided that such person And that company comply with existing immigration measures applicable to temporary entry. Each Party may require that the person has been employed by the company continuously for one (1) year within three (3) years immediately preceding the filing date 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 can be interpreted in the sense that it affects the labor legislation or the professional practice of each Party.
4. For greater certainty, in accordance with its national law, a Party may require the transferred business person to render services under subordination relationship at the destination enterprise.
5. A Party may request from the business person requesting temporary entry under this Section, that prior to the entry obtains a visa prior to entry.
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Section D. Professionals
Within three (3) years of the entry into force of this Agreement, the Parties shall enter into consultations for the purpose of developing provisions in this Section.
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Annex 14.3.2: Term of Stay
Section A. Honduras
In the case of Honduras, the National Immigration Institute shall authorize the initial stay, necessary extensions or special residence permits, in accordance with the provisions of the Migration and Aliens Act and its Regulations and the provisions of this Chapter, within the following deadlines:
1. Business Visitors:
(A) Initial period: from one (1) day to ninety (90) days.
(B) Application for an extension of permanence: until the completion of one hundred and twenty (120) days, insofar as the conditions that led to its granting are maintained.
2. Traders and Investors:
(A) Traders:
(I) Initial period: from one (1) day to ninety (90) days.
(Ii) Application for an extension of permanence: until the completion of one hundred and twenty (120) days, insofar as the conditions that motivated its granting are maintained.
(B) Investors: