(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.
(Iii) Within one hundred and twenty (120) days, they may apply for a residence permit for a period of one (1) year, which may be renewed for consecutive periods.
3. Transfers of Personnel within a Company
(A) Initial period: from one (1) day to ninety (90) days.
(B) Request for an extension of stay: until one hundred twenty
(120) days, to the extent that the conditions that
Motivated its granting.
(C) Within a period of one hundred and twenty (120) days, they may apply for a special residence permit for a period of up to five (5) years, which may be renewed for consecutive periods.
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1. Business Visitors:
It is granted a stay period of up to one hundred and eighty-three (183) days.
(Migratory Quality: Business).
2. Traders and Investors:
(A) Traders:
It is granted a stay period of up to one hundred and eighty-three (183) days. (Migratory Quality: Business).
(B) Investors:
(I) Investors in the process of committing an investment: they are granted a term of up to one hundred eighty-three (183) days. (Migratory Quality: Business).
(Ii) Independent: You are granted a stay period of up to one (1) year, renewable for consecutive periods as requested, as long as the conditions that led to its granting are maintained. (Migratory Quality: Independent).
3. Transfers of Personnel Within a Company:
It is granted a stay period of up to one (1) year, renewable for periods
As many times as requested, insofar as
Conditions that motivated its granting. (Migratory Quality: Worker).
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Chapter 15. Dispute Resolution
151:. 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, consultation or other means, to reach a mutually satisfactory solution to any matter that may affect its functioning.
152:. Scope of Application
Unless otherwise provided in this Agreement, the dispute settlement provisions of this Chapter shall apply to the prevention or settlement of disputes between the Parties relating to the interpretation or application of this Agreement or where a Party considers that:
(A) a current or proposed measure of the other Party may be inconsistent with the obligations of this Agreement; or
(B) the other Party has in any way failed to comply with the obligations of this Agreement.
1. In the event of any dispute arising under this Agreement and under another free trade agreement to which the disputing Parties are parties or the WTO Agreement, the complaining Party may choose the forum to settle 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 selected forum shall be exclusive of the others.
1. A Party may request in writing to the other Party consultations regarding any existing or proposed measures 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 the identification of the measure or other matter in question and an indication of the legal basis of the claim.
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3. The other Party shall respond in writing, subject to paragraph 4, to consultations with the requesting Party within a maximum period of thirty (30) days from the date of receipt of the request, unless the Parties Agree another term.
4. In cases of urgency, including those relating to perishable goods or goods or services that rapidly lose their commercial value, such as certain seasonal goods or services, consultations shall begin within fifteen (15) days from the date of receipt of Request by the other Party.
5. The requesting Party may require the other Party to make available to the staff of its governmental institutions or other regulatory entities having technical knowledge of the subject matter of the consultations.
6. The Parties shall make every effort to arrive at a mutually satisfactory solution of any matter through consultations, in accordance with the provisions of this Article. To this end, each Party shall:
(A) provide sufficient information to permit a full review of the measure in force or in draft or any other matter that might affect the operation and application of this Agreement; Y
(B) give the confidential or private domain information received during the consultations the same treatment as the Party providing it.
7. Consultations shall be confidential and without prejudice to the rights of the Parties in proceedings under this Chapter.
8. Consultations may be conducted in person or by any technological means agreed upon by the Parties. In case the consultation is in person, it must be done in the capital of the consulted Party, unless the parties agree otherwise.
1. Unless the Parties agree otherwise, and subject 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 consultations;
(B) twenty-five (25) days after the request for consultations has been received in the case of matters referred to in Article 15.4.4; or
(C) such other period as the consulting Parties may agree upon, the complaining Party may refer the matter to a panel.
2. The complaining Party shall transmit to the other Party a written request for the establishment of a panel, in which it shall indicate the reason for the request,
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Specific measures or other matter subject to the complaint and provide a brief summary of the legal basis of the claim 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 the Parties agree otherwise, the panel shall be integrated and perform its functions in accordance with the provisions of this Chapter.
5. A panel may not be established to review a proposed measure.
156:. Qualifications of Panelists
All panelists should:
(A) have expertise or experience in law, international trade, other matters relating to this Agreement or in the settlement of disputes arising out of international trade agreements;
(B) be selected strictly on the basis of their objectivity, impartiality, reliability and good judgment;
(C) be independent, have no connection with any of the Parties and not receive instructions from them; Y
(D) comply with the Code of Conduct established by the Commission, in accordance with Article 17.1.2 (d) (the Free Trade Commission).
1. The panel shall consist of three (3) members.
2. Each Party shall, within fifteen (15) days after the date of receipt of the panel request, appoint one (1) panelist, nominate up to four (4) non-national candidates from the Parties for the Chairman of the panel and shall notify the other Party in writing of the designation of its panelist and proposed candidates as chair of the panel.
3. If a Party fails to nominate one (1) panelist within the stipulated time, the Party shall be selected by the other Party within five (5) days from among the candidates nominated for the chair.
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 designate the chair among the candidates who have been nominated. If at that time the Parties can not agree on the President, the President shall be selected
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By lottery between the candidates that have been proposed, within seven (7) additional days at the expiration of the term of thirty (30) days.
5. If a panelist appointed by a Party resigns, is withdrawn, or is unable to perform its function, that Party shall designate a new panelist within fifteen (15) days, otherwise the designation of the new panelist shall be made in accordance With paragraph 3. If the chairperson of the panel waives, is withdrawn, or is unable to perform its function, the Parties shall agree to designate a replacement within fifteen (15) days, otherwise the replacement shall be designated in accordance with Paragraph 4. If no other candidate remains, each Party shall nominate up to three (3) additional candidates within a further twenty (20) days and the panelist or chairman shall be selected by lot within seven (7)) Subsequent days between the proposed candidates. In either case, any term shall be suspended from the date on which the panelist or the president waives, is retired or is unable to perform his function, and the suspension shall end on the date of selection of the replacement.
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 pursuant to this Chapter shall follow the Rules of Procedure. A panel may establish, in consultation with the Parties, additional procedural rules that do not conflict with the provisions of this Chapter.
3. Unless the Parties agree otherwise, the Rules of Procedure shall ensure:
(A) that the proceedings will guarantee the right, at least to a panel hearing, and the opportunity to submit written pleadings and rebuttals;
(B) that the hearings before the panel, the deliberations, as well as all written submissions and communications presented 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) protection of information that either Party designates as confidential information; Y
(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 proceedings and that its authenticity can be guaranteed.
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4. Unless otherwise agreed by the Parties within fifteen (15) days following 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 Treaty, the matter referred to in the request for the establishment of the panel and to formulate conclusions, resolutions and recommendations in accordance with Article 15.9."
5. If a Party wishes the panel to reach conclusions on the level of adverse trade effects on a Party as a result of any measure that is found to be inconsistent with the obligations of the Treaty, the mandate shall indicate it.
6. At the request of a Party or on its own initiative, the panel may seek information and seek the technical advice of such experts as it deems necessary, provided the Parties so agree, and in accordance with such terms and conditions as those Parties may agree, With the Rules of Procedure.
7. The panel may delegate to the president the authority to make decisions
Administrative and procedural aspects.
8. The panel may, in consultation with the Parties, modify any time limit
Corresponding to their actions and make other administrative or procedural adjustments that may be required for the transparency and efficiency of the procedure.
9. The conclusions, 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. Panellists may submit separate opinions on matters not covered by the
Came to a unanimous decision. The panel may not disclose the identity of the panelists who
Have expressed a majority or minority opinion.
11. Unless the Parties otherwise agree, the expenses of the panel, including the remuneration of its members, shall be borne in equal parts, in accordance with the Rules of Procedure.
1. Unless otherwise agreed by the Parties, the panel shall base its report on the relevant provisions of this Treaty, on the submissions and arguments of the Parties, or on any information received by the Parties in accordance with Article 15.8.
2. Unless the Parties agree otherwise, the panel shall submit the report to the Parties within one hundred and twenty (120) days or ninety (90) days for urgent cases, counted from the appointment of the last panelist.
3. Only in exceptional cases, if the panel considers that it can not issue its report within one hundred and twenty (120) days or ninety (90) days for urgent cases, it shall inform the Parties in writing of the reasons justifying the delay, Along with a
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Estimate of the time in which it will issue its report. Any delay shall not exceed an additional thirty (30) days, unless the parties agree otherwise.
4. The report shall 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 determination requested in the terms of reference; Y
(C) its recommendations for the implementation of the decision, when one of the Parties so requests.
5. The panel shall not disclose confidential information in its report, but may draw 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 receipt, subject to the protection of confidential information.
1. Upon receipt of a panel report, the Parties shall reach agreement on the settlement of the dispute, which shall be in accordance with the determinations and recommendations of the panel, if any, unless the Parties agree otherwise.
2. If possible, the solution shall be 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 such other period as the Parties may agree, the Party to which it has been requested, at the request of the complaining Party, It will begin negotiations with a view to agreeing on compensation. Such compensation will be temporary and will be granted until the dispute is resolved.
1. If the Parties:
(A) have not reached an agreement on the settlement of the dispute and no compensation has been requested in accordance with Article 15.10, within thirty (30) days following the submission of the report; or
(B) do not agree to compensation in accordance with Article 15.10, within thirty (30) days following the submission of the complaining Party's request; or
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(C) have reached agreement on the settlement of the dispute or compensation in accordance with Article 15.10 and the complaining Party considers that the Party complained against has failed to comply with the terms of the agreement,
The complaining Party may, upon notice to the Party complained against, suspend benefits of equivalent effect to that 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 in accordance with paragraph 1:
(A) the complaining Party shall first seek to suspend benefits within the same sector (s) affected by the measure or other matter that the Panel has concluded is inconsistent with its obligations under this Agreement; Y
(B) the complaining Party which considers that it is impracticable or ineffective to suspend benefits within the same sector (s) may suspend benefits in other sectors.
3. Suspension of benefits shall be temporary and the complaining Party shall only apply to:
(A) that the measure found to be inconsistent with the obligations of this Agreement is brought into conformity with it; or
(B) the time at which the Parties reach agreement on the settlement of the dispute; or
(C) that the panel described in Article 15.12 conclude in its report that the Party complained against has complied.
1512:.
"Review of Compliance and Suspension of Benefits
1. A Party may, by written communication to the other Party, request that the panel established pursuant to Article 15.5 be reconstituted to determine:
(A) if the level of benefit suspension applied by the complaining Party in accordance with Article 15.11.1 is manifestly excessive; or
(B) any disagreement as to the existence of the measures taken to comply with the panel report originally established or with respect to the consistency of those measures with this Agreement.
2. In the written submission, the Party shall indicate the specific measures or issues in dispute and provide a brief summary of the legal basis of the claim sufficient to present the problem clearly.
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3. If the original panel or any of its members can not 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 the reports issued by a panel that is reconstituted under the terms of this Article, with the exception that, in accordance with the provisions of Article 15.8. 8, the panel shall submit a report within sixty (60) days from the appointment of the last panelist, if the request refers to sub-paragraph 1 (a) and within ninety (90) days, if the panel Referred to subparagraph 1 (b).
5. A panel reconstituted pursuant to subparagraph 1 (b) shall determine whether it is appropriate to terminate any suspension of benefits. If the panel is reconstituted in accordance with sub-paragraph 1 (a) and determines that the level of suspended benefits is manifestly excessive, it shall set the level of benefits it considers to have an equivalent effect.
1513:.
"Matters Relating to Judicial and Administrative Proceedings
1. If a dispute arises as to the interpretation or application of this Agreement in an internal judicial or administrative proceeding of a Party which either Party deems to merit its intervention, or if a court or administrative body requests the opinion of a Party, That Party shall notify the other Party. The Commission will 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 by the Commission before the court or administrative body in accordance with the proceedings of the court in question.
3. If the Commission fails to reach an agreement, each Party may present its own views before the court or administrative body, in accordance with the procedures of the body concerned.
1514:. 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.
1515:.
"Alternative Means of Settlement of Disputes
1. To the greatest extent possible, each Party shall promote and facilitate the use of arbitration and other alternative means of settling international commercial disputes between private individuals in the free trade area.
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2. To this end, each Party shall provide for adequate procedures to ensure compliance with arbitration agreements and the recognition and enforcement of arbitral awards rendered in such disputes.
3. A Party shall be deemed to comply with paragraph 2 if it is a party to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York on 10 June 1958 and Conforms to its provisions.
1516:.
"Suspension and Termination of the Procedure
1. The Parties may agree to suspend the work of the panel at any time for a term not greater than twelve (12) months following the date of such agreement. If panel work remains suspended for more than twelve (12) months, panel authority shall lapse unless otherwise agreed by the Parties. If the panel authority expires and the Parties have not reached agreement on the settlement of the dispute, nothing in this Article shall prevent a Party from requesting a new proceeding relating to the same matter.
2. The Parties may agree to terminate the proceedings before a panel by means of a joint notification to the chair of the panel at any time prior to the notification of the report.
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Chapter 16. Transparency
1. Each Party shall designate, within sixty (60) days following the date of entry into force of this Agreement, a contact point 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 shall provide such support as may be necessary to facilitate communication with the requesting Party.
1. Each Party shall ensure that its laws, regulations, procedures and administrative rulings of general application relating to any matter covered by this Agreement are published promptly or otherwise are made available to the persons concerned and to the other part.
2. To the extent possible, each Party shall:
(A) publish any measure referred to in paragraph 1 which it proposes to adopt, relating to matters covered by this Agreement; Y