(c) “independent professionals” means natural persons who are engaged in the supply of a service and are established as self-employed in a Party who:
(i) have not established in the Party granting entry; and
(ii) have concluded a bona fide contract (other than through an agency for placement and supply services of personnel) to supply a service to a final consumer in the Party granting entry, requiring their presence on a temporary basis in the latter Party in order to fulfil the contract to supply the service in question; (27)
(d) “intra-corporate transferees” means natural persons who have been employed by a legal person of a Party or have been partners in it, for a period of not less than one year immediately preceding the date of their application for the entry and temporary stay, and who are temporarily transferred to a legal person in another Party, which forms part of the same group as the former legal person, including its representative office, subsidiary, branch or head company, provided that the natural person concerned belongs to one of the following categories:
(i) “managers”: natural persons working in a senior position, who primarily direct the management of the enterprise, receiving general supervision or direction principally from the board of directors or from stockholders of the business or their equivalent, and whose responsibilities include at least:
(aa) directing the enterprise or a department or subdivision thereof;
(ab) supervising and controlling the work of other supervisory, professional or managerial employees; or
(ac) having the authority to recruit and dismiss or to recommend recruitment, dismissal or other personnel- related actions; or
(ii) “specialists”: natural persons who possess:
(aa) specialised knowledge essential to the enterprise’s products or services and its application in international markets; or
(ab) an advanced level of expertise or knowledge of the enterprise’s processes and procedures such as its production, research equipment, techniques, or management;28 or
(iii) “graduate trainees”: natural persons who:
(aa) possess a university degree at least at bachelor’s level; and
(ab) are temporarily transferred to an enterprise in the Party granting entry for career development purposes, or to obtain training in business techniques or methods, and are paid during the period of the transfer.
Article 3.21. General Obligations
1. A Party shall grant the entry and temporary stay to natural persons of another Party for business purposes in accordance with this Section, and Annex XVIII (Business Visitors for Establishment Purposes, Intra- Corporate Transferees, and Short-Term Business Visitors) and Annex XIX (Contractual Service Suppliers and Independent Professionals), provided that those persons comply with the immigration law of the former Party applicable to the entry and temporary stay.
2. Each Party shall apply its measures relating to the provisions of this Section consistently with the desire of the Parties set out in paragraph 1 of Article 3.19 (General Provisions and Scope), and, in particular, shall apply those measures so as to avoid unduly impairing or delaying trade in goods or services, or establishment or operation under this Agreement.
Article 3.22. Application Procedures
1. The measures taken by each Party to facilitate and expedite procedures related to the entry and temporary stay of natural persons of another Party for business purposes shall be consistent with Annex XVIII (Business Visitors for Establishment Purposes, Intra-Corporate Transferees, and Short-Term Business Visitors), Annex XIX (Contractual Service Suppliers and Independent Professionals) and this Article.
2. The Parties should ensure that the processing of applications for entry and temporary stay pursuant to their respective commitments in this Agreement follows good administrative practice. To that effect:
(a) the Parties shall ensure that fees charged by competent authorities for the processing of applications for the entry and temporary stay do not unduly impair or delay trade in goods or services or establishment or operation under this Agreement;
(b) subject to the competent authorities’ discretion, documents required from the applicant for applications for the grant of entry and temporary stay of short-term visitors for business purposes should be commensurate with the purpose for which they are collected;
(c) if the competent authorities of a Party require additional information from the applicant in order to process the application, they shall endeavour to notify, without undue delay, the applicant of the required additional information;
(d) the competent authorities of a Party shall notify the applicant of the outcome of the application promptly after a decision has been taken; if the application is approved, the competent authorities of a Party shall notify the applicant of the period of stay and other relevant terms and conditions; if the application is denied, the competent authorities of a Party shall, upon request or upon their own initiative, make available to the applicant information on any available review or appeal procedures;
(e) each Party shall endeavour to accept and process applications in electronic format; and
(f) each Party shall, to the extent practicable, ensure that relevant application forms, guidance, eligibility requirements, costs and processing times are accessible through a single online portal.
3. To the extent practicable, the competent authorities of a Party shall adopt a decision on an application for entry and temporary stay of a natural person of a category outlined in paragraph 2 of Article 3.19 (General Provisions and Scope), or a renewal of it, and shall notify the decision to the applicant in writing, in accordance with the notification procedures under the relevant Party’s law, as soon as possible but not later than 90 days after the date on which a complete application was submitted. Where it is not practicable for a decision to be made within 90 days, they shall endeavour to make the decision within a reasonable time thereafter.
4. Where information or documentation for the application is incomplete, and additional information is required to process the application, the competent authorities shall endeavour to notify the applicant without undue delay of the additional information that is required and set a reasonable deadline for providing it. The period referred to in paragraph 3 shall be suspended until the competent authorities have received the required additional information.
Article 3.23. Cooperation on Return and Readmissions
The Parties acknowledge that the enhanced movement of natural persons following from Article 3.22 (Application Procedures) requires full cooperation from the relevant Parties to support the return and readmission of natural persons staying in a Party in contravention of its law for entry and temporary stay.
Article 3.24. Transparency
1. A Party shall make publicly available information relating to the entry and temporary stay by natural persons of another Party, referred to in paragraph 2 of Article 3.19 (General Provisions and Scope).
2. The information referred to in paragraph 1 shall include, where applicable, the following information:
(a) categories of visa, permits or any similar type of authorisation regarding the entry and temporary stay;
(b) documentation required and conditions to be met;
(c) method of filing an application and options on where to file, such as consular offices or online;
(d) application fees and an indicative timeframe of the processing of an application;
(e) the maximum length of stay under each type of authorisation described in subparagraph (a);
(f) conditions for any available extension or renewal;
(g) rules regarding accompanying dependents;
(h) available review or appeal procedures; and
(i) relevant law of general application pertaining to the entry and temporary stay of natural persons for business purposes.
3. With respect to the information referred to in paragraphs 1 and 2, each Party shall endeavour to inform the other Parties of any changes in requirements and procedures where such changes would affect the enjoyment by applicants for entry and temporary stay of the benefits of this Section.
Article 3.25. Business Visitors for Establishment Purposes and Intra-Corporate Transferees
1. Each Party shall grant entry and temporary stay to business visitors for establishment purposes and intra-corporate transferees in accordance with Annex XVIII (Business Visitors for Establishment Purposes, Intra- Corporate Transferees, and Short-Term Business Visitors).
2. Each Party shall allow the entry and temporary stay of business visitors for establishment purposes without requiring a work permit or other prior approval procedure of similar intent.
3. A Party shall not adopt or maintain limitations, whether they apply to the Party as a whole or to any division thereof, on the total number of natural persons granted entry in accordance with paragraph 1, in a specific sector or sub-sector, in the form of numerical quotas or the requirement of an economic needs test.
4. Each Party shall accord to business visitors for establishment purposes and intra-corporate transferees of another Party, during their temporary stay in that Party, treatment no less favourable than that it accords, in like situations, to its own natural persons.
5. Iceland, Liechtenstein and Norway shall allow the entry and temporary stay of the partners (29) and dependent children (30) of intra-corporate transferees from the United Kingdom in the category of managers and specialists for the same period as the period of temporary stay granted to the intra- corporate transferee.
6. The United Kingdom shall allow the entry and temporary stay of the partners (31) and dependent children (32) of intra-corporate transferees from Iceland, Liechtenstein or Norway, respectively, in the category of managers and specialists for the same period as the period of temporary stay granted to the intra-corporate transferee.
7. Unless otherwise specified in Annex XVIII (Business Visitors for Establishment Purposes, Intra-Corporate Transferees, and Short-Term Business Visitors), each Party shall allow the partners and dependent children of intra-corporate transferees referred to in subparagraphs (d)(i) and (ii) of Article 3.20 (Definitions), to work in an employed or self-employed capacity for the duration of their permitted length of stay, and shall not require them to obtain a separate work permit.
8. For the avoidance of doubt, with respect to the partners and dependent children of intra-corporate transferees, paragraphs 5 to 7 are without prejudice to the law of each Party applicable to entry and temporary stay.
Article 3.26. Contractual Service Suppliers and Independent Professionals
1. Each Party shall grant entry and temporary stay to contractual service suppliers and independent professionals of another Party in accordance with Annex XIX (Contractual Service Suppliers and Independent Professionals).
2. Unless otherwise specified in Annex XIX (Contractual Service Suppliers and Independent Professionals), a Party shall not adopt or maintain limitations on the total number of contractual service suppliers and independent professionals of another Party granted entry and temporary stay, in the form of numerical quotas or the requirement of an economic needs test.
3. Each Party shall accord to contractual service suppliers and independent professionals of another Party, with regard to the supply of their services in that Party, treatment no less favourable than that it accords, in like situations, to its own service suppliers.
Article 3.27. Short-Term Business Visitors
1. Each Party shall grant entry and temporary stay to short-term business visitors of another Party in accordance with Annex XVIII (Business Visitors for Establishment Purposes, Intra-Corporate Transferees, and Short-Term business Visitors), subject to the following conditions:
(a) the short-term business visitors are not engaged in selling their goods or supplying services to the general public;
(b) the short-term business visitors do not, on their own behalf, receive remuneration from within the Party where they are staying temporarily; and
(c) the short-term business visitors are not engaged in the supply of a service in the framework of a contract concluded between a legal person that has not established in the Party where they are staying temporarily, and a consumer there, except as provided for in Annex XVIII (Business Visitors for Establishment Purposes, Intra-Corporate Transferees, and Short-Term Business Visitors).
2. Unless otherwise specified in Annex XVIII (Business Visitors for Establishment Purposes, Intra-Corporate Transferees, and Short-Term Business Visitors), each Party shall grant entry of short-term business visitors without the requirement of a work permit, economic needs test or other prior approval procedures of similar intent.
3. If short-term business visitors of a Party are engaged in the supply of a service to a consumer in the Party where they are staying temporarily in accordance with Annex XVIII (Business Visitors for Establishment Purposes, Intra-Corporate Transferees, and Short-Term Business Visitors), that Party shall accord to them, with regard to the supply of that service, treatment no less favourable than that it accords, in like situations, to its own service suppliers.
Article 3.28. Non-Conforming Measures
To the extent that the relevant measure affects the temporary stay of natural persons for business purposes, paragraphs 3 and 4 of Article 3.25 (Business Visitors for Establishment Purposes, Intra-Corporate Transferees), paragraphs 2 and 3 of Article 3.26 (Contractual Service Suppliers and Independent Professionals), and paragraph 3 of Article 3.27 (Short-Term Business Visitors) do not apply to:
(a) any existing non-conforming measure of a Party at the level of:
(i) the central government, as set out by that Party in its Schedule to Annex XVI (Existing Measures);
(ii) a regional government, as set out by that Party in its Schedule to Annex XVI (Existing Measures); or
(iii) a local government;
(b) the continuation or prompt renewal of any non-conforming measure referred to in subparagraph (a);
(c) an amendment of any non-conforming measure referred to in subparagraphs (a) and (b) to the extent that it does not decrease the conformity of the measure, as it existed immediately before the modification, with paragraphs 3 and 4 of Article 3.25 (Business Visitors for Establishment Purposes and Intra-Corporate Transferees), paragraphs 2 and 3 of Article 3.26 (Contractual Service Suppliers and Independent Professionals), or paragraph 3 of Article 3.27 (Short-Term Business Visitors); or
(d) any measure of a Party consistent with a condition or qualification specified in Annex XVII (Future Measures).
Article 3.29. Contact Points
Each Party shall, upon the entry into force of this Agreement, designate a contact point for the effective implementation and operation of this Section and notify the other Parties of the contact details. The Parties shall promptly notify each other of any change of those contact details.
Section 3.5. REGULATORY FRAMEWORK
Subsection 3.5.1. DOMESTIC REGULATION
Article 3.30. Scope
1. Subject to paragraph 2, this Sub-Section applies to measures of a Party relating to licensing requirements and procedures, qualification requirements and procedures, formalities, and technical standards that affect:
(a) cross-border trade in services;
(b) establishment or operation; or
(c) the supply of a service through the presence of a natural person of a Party in another Party of categories of natural persons as defined in Article 3.19 (General Provisions and Scope) and Article 3.20 (Definitions) of Section 3.4 (Entry and Temporary Stay of Natural Persons).
As far as measures relating to technical standards are concerned, this Sub- Section only applies to measures that affect trade in services. For the purposes of this Sub-Section, the term “technical standards” does not include regulatory or implementing technical standards for financial services.
2. This Sub-Section does not apply to licensing requirements and procedures, qualification requirements and procedures, technical standards and formalities pursuant to a measure:
(a) that does not conform with Article 3.6 (Market Access) or Article 3.7 (National Treatment) of Section 3.2 (Investment Liberalisation) and is referred to in subparagraphs 1(a) to (c) of Article 3.12 (Non- Conforming Measures) of Section 3.2 (Investment Liberalisation), or with Article 3.14 (Market Access) or Article 3.15 (Local Presence) or Article 3.16 (National Treatment) of Section 3.3 (Cross-Border Trade in Services) and is referred to in subparagraphs 1(a) to (c) of Article 3.18 (Non-Conforming Measures) of Section 3.3 (Cross-Border Trade in Services), or with Article 3.25 (Business Visitors for Establishment Purposes and Intra-Corporate Transferees) or Article 3.26 (Contractual Service Suppliers and Independent Professionals) or Article 3.27 (Short-Term Business Visitors) and is referred to in Article 3.28 (Non-Conforming Measures) of Section 3.4 (Entry and Temporary Stay of Natural Persons); or
(b) referred to in paragraph 2 of Article 3.12 (Non-Conforming Measures) of Section 3.2 (Investment Liberalisation) or paragraph 2 of Article 3.18 (Non-Conforming Measures) of Section 3.3 (Cross- Border Trade in Services).
Article 3.31. Definitions
For the purposes of this Sub-Section:
(a) "authorisation" means the permission to pursue the activities set out in subparagraphs 1(a) to (c) of Article 3.30 (Scope) resulting from a procedure a natural or legal person must adhere to in order to demonstrate compliance with licensing requirements, qualification requirements, technical standards or formalities for the purposes of obtaining, maintaining or renewing that permission; and
(b) "competent authority" means a central, regional or local government or authority or non-governmental body in the exercise of powers delegated by central, regional or local governments or authorities, which is entitled to take a decision concerning the authorisation referred to in subparagraph (a).
Article 3.32. Submission of Applications
Each Party shall, to the extent practicable, avoid requiring an applicant to approach more than one competent authority for each application for authorisation. If an activity for which authorisation is requested is within the jurisdiction of multiple competent authorities, multiple applications for authorisation may be required.
Article 3.33. Application Timeframes
If a Party requires authorisation, it shall ensure that its competent authorities, to the extent practicable, permit the submission of an application for authorisation at any time throughout the year. If a specific time period for applying exists, the Party shall ensure that its competent authorities allow a reasonable period of time for the submission of an application.
Article 3.34. Electronic Applications and Acceptance of Copies
1. If a Party requires authorisation, it shall ensure that its competent authorities:
(a) to the extent possible, provide for applications to be completed by electronic means, including from within another Party; and
(b) accept copies of documents that are authenticated in accordance with the Party’s law, in place of original documents, unless the competent authorities require original documents to protect the integrity of the authorisation process.
Article 3.35. Processing of Applications
1. If a Party requires authorisation, it shall ensure that its competent authorities:
(a) process applications throughout the year. Where this is not possible, this information should be made public in advance, to the extent feasible;
(b) at the request of the applicant, confirm in writing (33) that an application has been received;
(c) to the extent practicable, provide a fixed or indicative timeframe for processing all applications. That timeframe shall be reasonable, to the extent practicable;
(d) where the fixed timeframe under subparagraph (c) has been provided, notify applicants of any extensions of that timeframe;
(e) at the request of the applicant, provide without undue delay information concerning the status of the application;
(f) to the extent practicable, ascertain, without undue delay, the completeness of an application for processing under the Party’s laws and regulations;
(g) if they consider an application complete for processing under the Party’s laws and regulations, within a reasonable period of time after the submission of the application, ensure that:
(i) where applicable, the processing of the application is completed within the stated timeframe; and
(ii) the applicant is informed of the decision concerning the application (34), to the extent possible in writing;
(h) if they consider an application incomplete for processing under the Party’s laws and regulations, ensure that they, to the extent practicable:
(i) inform the applicant that the application is incomplete;
(ii) at the request of the applicant, identify the additional information required to complete the application or otherwise provide guidance on why the application is considered incomplete; and
(iii) provide the applicant with the opportunity (35) to correct any deficiencies.
However, if it is reasonable to reject the application due to incompleteness, competent authorities shall ensure that they inform the applicant within a reasonable period of time; and
(i) if an application is rejected, either upon their own initiative or upon request of the applicant, inform the applicant of the reasons for rejection and of the timeframe for an appeal against that decision, and, if applicable, the procedures for resubmission of an application. An applicant shall not be prevented from submitting another application (36) solely on the basis of a previously rejected application.
2. The Parties shall ensure that their competent authorities grant an authorisation as soon as it is established, in light of an appropriate examination, that the applicant meets the conditions for obtaining it.
3. The Parties shall ensure that their competent authorities ensure that authorisation, once granted, enters into effect without undue delay, subject to the applicable terms and conditions. (37)
Article 3.36. Fees
1. For all the activities listed under subparagraphs 1(a) to (c) of Article 3.30 (Scope), each Party shall ensure that the authorisation fees (38) charged by its competent authorities are reasonable and transparent and do not in themselves restrict the pursuit of those activities and, to the extent practicable, are payable by electronic means.
2. With regard to financial services, each Party shall ensure that its competent authorities, with respect to authorisation fees that they charge, provide applicants with a schedule of fees or information on how fee amounts are determined, and do not use the fees as a means of avoiding the Party’s commitments or obligations.
Article 3.37. Assessment of Qualifications
If a Party requires an examination to assess the qualifications of an applicant for authorisation, it shall ensure that its competent authorities schedule that examination at reasonably frequent intervals and provide a reasonable period of time to enable applicants to request to take the examination. To the extent practicable, each Party shall ensure that its competent authorities accept requests in electronic format to take those examinations and shall consider the use of electronic means in other aspects of the examination processes.
Article 3.38. Publication and Information Available
1. If a Party requires authorisation, it shall promptly publish (39) the information necessary for persons pursuing or seeking to pursue the activities referred to in subparagraphs 1(a) to (c) of Article 3.30 (Scope) for which the authorisation is required to comply with the requirements, formalities, technical standards and procedures for obtaining, maintaining, amending and renewing that authorisation. This information shall include, to the extent it exists:
(a) the licensing and qualification requirements, procedures and formalities;
(b) contact information of relevant competent authorities;
(c) authorisation fees;
(d) applicable technical standards;
(e) procedures for appeal or review of decisions concerning applications;
(f) procedures for monitoring or enforcing compliance with the terms and conditions of licences or qualifications;
(g) opportunities for public involvement, such as through hearings or comments;
(h) fixed or indicative timeframes for the processing of an application; and
(i) guidance on accessing public registers and databases on providers and services.
2. The Parties shall consolidate electronic publications into a single online portal or otherwise ensure that competent authorities make them easily accessible through alternative electronic means.
3. Each Party shall require each of its competent authorities to respond to any request for information or assistance.
Article 3.39. Technical Standards
Each Party shall encourage its competent authorities, when adopting technical standards, to adopt technical standards developed through open and transparent processes, and shall encourage any body, including relevant international organisations (40) designated to develop technical standards, to use open and transparent processes.