(i) specialists means natural persons working in an enterprise who possess:
(A) uncommon knowledge of the enterprise's products or services and its application in international markets; or
(B) an advanced level of expertise or knowledge of the enterprise's processes and procedures such as its production, research equipment, techniques, or management.
In assessing such expertise or knowledge, the Parties will consider abilities that are unusual and different from those generally found in a particular industry and that cannot be easily transferred to another natural person in the short-term. Those abilities would have been obtained through specific academic qualifications or extensive experience with the enterprise; or
(ii) graduate trainees means natural persons who:
(A) possess a university degree; and
(B) are temporarily transferred to an enterprise in the territory of the other Party for career development purposes, or to obtain training in business techniques or methods; and
natural persons for business purposes means key personnel, contractual services suppliers, independent professionals, or short-term business visitors who are citizens of a Party.
Article 10.2. Objectives and Scope
1. This Chapter reflects the preferential trading relationship between the Parties as well as the mutual objective to facilitate trade in services and investment by allowing temporary entry and stay to natural persons for business purposes and by ensuring transparency in the process.
2. This Chapter applies to measures adopted or maintained by a Party concerning the temporary entry and stay into its territory of key personnel, contractual services suppliers, independent professionals and short-term business visitors. This Chapter shall not apply to measures affecting natural persons seeking access to the employment market of a Party, nor shall it apply to measures regarding citizenship, residence, or employment on a permanent basis.
3. Nothing in this Chapter shall prevent a Party from applying measures to regulate the entry of natural persons into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across its borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to any Party under the terms of this Chapter. The sole fact of requiring a visa for natural persons of a certain country and not for those of others shall not be regarded as nullifying or impairing benefits under this Chapter.
4. To the extent that commitments are not taken in this Chapter, all other requirements of the laws of the Parties regarding entry and stay continue to apply, including those concerning period of stay.
5. Notwithstanding the provisions of this Chapter, all requirements of the Parties' laws regarding employment and social security measures shall continue to apply, including regulations concerning minimum wages as well as collective wage agreements.
6. This Chapter does not apply to cases where the intent or effect of the temporary entry and stay is to interfere with or otherwise affect the outcome of a labour or management dispute or negotiation, or the employment of natural persons who are involved in such dispute or negotiation.
Article 10.3. General Obligations
1. Each Party shall allow temporary entry to natural persons for business purposes of the other Party who otherwise comply with the Party's immigration measures applicable to temporary entry, in accordance with this Chapter.
2. Each Party shall apply its measures relating to the provisions of this Chapter in accordance with Article 10.2.1, and, in particular, shall apply those measures so as to avoid unduly impairing or delaying trade in goods or services or the conduct of investment activities under this Agreement.
3. Each Party shall ensure that any fees for processing applications for temporary entry are reasonable and commensurate with the costs incurred.
Article 10.4. Provision of Information
1. Further to Chapter Twenty-Seven (Transparency), and recognising the importance to the Parties of transparency of temporary entry information, each Party shall, no later than 180 days after the date of entry into force of this Agreement, make available to the other Party explanatory material regarding the requirements for temporary entry under this Chapter that enables business persons of the other Party to be acquainted with those requirements.
2. If a Party collects and maintains data relating to temporary entry by category of business persons under this Chapter, the Party shall make this data available to the other Party on request, in accordance with its law related to privacy and data protection.
Article 10.5. Contact Points
1. The Parties hereby establish the following contact points:
(a) in the case of Canada:
Director
Temporary Resident Policy
Immigration Branch
Citizenship and Immigration Canada
(b) in the case of the European Union:
Director-General
Directorate General for Trade
European Commission
(c) in the case of the Member States of the European Union, the contact points listed in Annex10-A or their respective successors.
2. The contact points for Canada and the European Union, and as appropriate the contact points for Member States of the European Union, shall exchange information pursuant to Article 10.4 and shall meet as required to consider matters pertaining to this Chapter, such as:
(a) the implementation and administration of this Chapter, including the practice of the Parties in allowing temporary entry;
(b) the development and adoption of common criteria as well as interpretations for the implementation of this Chapter;
(c) the development of measures to further facilitate temporary entry of business persons; and
(d) recommendations to the CETA Joint Committee concerning this Chapter.
Article 10.6. Obligations In other Chapters
1. This Agreement does not impose an obligation on a Party regarding its immigration measures, except as specifically identified in this Chapter and in Chapter Twenty-Seven (Transparency).
2. Without prejudice to any decision to allow temporary entry to natural persons of the other Party within the terms of this Chapter, including the length of stay permissible pursuant to such an allowance:
(a) Articles 9.3 (National treatment) and 9.6 (Market access), subject to Articles 9.4 (Formal requirements) and 9.2 (Scope) but not Article 9.2.2(d), are incorporated into and made part of this Chapter and apply to the treatment of natural persons for business purposes present in the territory of the other Party under the categories of:
(i) key personnel; and
(ii) contractual services suppliers, and independent professionals for all sectors listed in Annex 10-E; and
(b) Article 9.5 (Most-favoured-nation treatment), subject to Articles 9.4 (Formal requirements) and 9.2 (Scope) but not Article 9.2.2(d), is incorporated into and made part of this Chapter and applies to the treatment of natural persons for business purposes present in the territory of the other Party under the categories of:
(i) key personnel, contractual services suppliers, and independent professionals; and
(ii) short-term business visitors, as set out in Article 10.9. 3. For greater certainty, paragraph 2 applies to the treatment of natural persons for business purposes present in the territory of the other Party and falling within the relevant categories and who are supplying financial services, as defined
in Article 13.1 (Definitions) of Chapter Thirteen (Financial Services). Paragraph 2 does not apply to measures relating to the granting of temporary entry to natural persons of a Party or of a third country.
4. Ifa Party has set out a reservation in its Schedule to Annex I, II or III, the reservation also constitutes a reservation to paragraph 2, to the extent that the measure set out in or permitted by the reservation affects the treatment of natural persons for business purposes present in the territory of the other Party.
Article 10.7. Key Personnel
1. Each Party shall allow the temporary entry and stay of key personnel of the other Party subject to the reservations and exceptions listed in Annex 10-B.
2. Each Party shall not adopt or maintain limitations on the total number of key personnel of the other Party allowed temporary entry, in the form of a numerical restriction or an economic needs test.
3. Each Party shall allow the temporary entry of business visitors for investment purposes without requiring a work permit or other prior approval procedure of similar intent.
4. Each Party shall allow the temporary employment in its territory of intra-corporate transferees and investors of the other Party.
5. The permissible length of stay of key personnel is as follows:
(a) intra-corporate transferees (specialists and senior personnel): the lesser of three years or the length of the contract, with a possible extension of up to 18 months at the discretion of the Party granting the temporary entry and stay (1);
(b) intra-corporate transferees (graduate trainees): the lesser of one year or the length of the contract;
(c) investors: one year, with possible extensions at the discretion of the Party granting the temporary entry and stay;
(d) business visitors for investment purposes: 90 days within any six month period (2).
Article 10.8. Contractual Services Suppliers and Independent Professionals
1. In accordance with Annex 10-E, each Party shall allow the temporary entry and stay of contractual services suppliers of the other Party, subject to the following conditions:
(a) the natural persons must be engaged in the supply of a service on a temporary basis as employees of an enterprise which has obtained a service contract for a period not exceeding 12 months. If the service contract is longer than 12 months, the commitments in this Chapter only apply for the initial 12 months of the contract;
(b) the natural persons entering the territory of the other Party must be offering those services as employees of the enterprise supplying the services for at least the year immediately preceding the date of submission of an application for entry into the territory of the other Party and must possess, at the date of the submission, at least three years of professional experience (3) in the sector of activity that is the subject of the contract;
(c) the natural persons entering the territory of the other Party must possess, (i) a university degree or a qualification demonstrating knowledge of an equivalent level (1); and
(ii) professional qualifications, if this is required to practice an activity pursuant to the laws or requirements of the Party where the service is supplied;
(d) the natural persons must not receive remuneration for the provision of services other than the remuneration paid by the enterprise employing the contractual services suppliers during their stay in the territory of the other Party;
(e) the temporary entry and stay accorded under this Article relate only to the supply of a service which is the subject of the contract. Entitlement to utilise the professional title of the Party where the service is provided may be granted, as required, by the relevant authority as defined in Article 11.1 (Definitions), through a Mutual Recognition Agreement ("MRA") or otherwise; and
(f) the service contract must comply with the laws and other legal requirements of the Party where the contract is executed (2).
2. In accordance with Annex 10-E, each Party shall allow the temporary entry and stay of independent professionals of the other Party, subject to the following conditions:
(a) the natural persons must be engaged in the supply of a service on a temporary basis as self-employed persons established in the other Party and must have obtained a service contract for a period not exceeding 12 months. If the service contract is longer than 12 months, the commitments in this Chapter shall only apply for the initial 12 months of the contract;
(b) the natural persons entering the territory of the other Party must possess, at the date of submission of an application for entry into the other Party, at least six years professional experience in the sector of activity which is the subject of the contract;
(c) the natural persons entering the territory of the other Party must possess,
(i) a university degree or a qualification demonstrating knowledge of an equivalent level (3); and
(ii) professional qualifications, if this is required to practice an activity pursuant to the laws, or requirements of the Party where the service is supplied;
(d) the temporary entry and stay accorded under the provisions of this Article relate only to the supply of a service which is the subject of the contract. Entitlement to utilise the professional title of the Party where the service is provided may be granted, as required, by the relevant authority as defined in Article 11.1 (Definitions), through an MRA or otherwise; and
(e) the service contract must comply with the laws and other legal requirements of the Party where the contract is executed.
3. Unless otherwise specified in Annex 10-E, a Party shall not adopt or maintain a limitation on the total number of contractual services suppliers and independent professionals of the other Party allowed temporary entry, in the form of numerical restrictions or an economic needs test.
4. The length of stay of contractual services supplier or independent professionals is for a cumulative period of not more than 12 months, with extensions possible at the discretion of the Party, in any 24 month period or for the duration of the contract, whichever is less.
Article 10.9. Short-term Business Visitors
1. In accordance with Annex 10-B, a Party shall allow the temporary entry and stay of short-term business visitors of the other Party for the purposes of carrying out the activities listed in Annex 10-D, provided that the short-term business visitors:
(a) are not engaged in selling a good or a service to the general public;
(b) do not on their own behalf receive remuneration from a source located within the Party where the short-term business visitors are staying temporarily; and
(c) are not engaged in the supply of a service in the framework of a contract concluded between an enterprise that has no commercial presence in the territory of the Party where the short-term business visitors are staying temporarily, and a consumer in that territory, except as provided in Annex 10-D.
2. Each Party shall allow temporary entry of short-term business visitors without the requirement of a work permit or other prior approval procedures of similar intent.
3. The maximum length of stay of short-term business visitors is 90 days in any six-month period (1).
Article 10.10. Review of Commitments
Within five years following the entry into force of this Agreement, the Parties shall consider updating their respective commitments under Articles 10.7 through 10.9.
Chapter ELEVEN. Mutual Recognition of Professional Qualifications
Article 11.1. Definitions
For the purposes of this Chapter:
jurisdiction means the territory of Canada, and each of its provinces and territories, or the territory of each of the Member States of the European Union, in so far as this Agreement applies in these territories in accordance with Article 1.3 (Geographical scope of application);
negotiating entity means a person or body of a Party entitled or empowered to negotiate an agreement on the mutual recognition of professional qualifications (MRA);
professional experience means the effective and lawful practice of a service;
professional qualifications means the qualifications attested by evidence of formal qualification and/or professional experience;
relevant authority means an authority or body, designated pursuant to legislative, regulatory or administrative provisions to recognise qualifications and authorise the practice of a profession in a jurisdiction; and
regulated profession means a service, the practice of which, including the use of a title or designation, is subject to the possession of specific qualifications by virtue of legislative, regulatory or administrative provisions.
Article 11.2. Objectives and Scope
1. This Chapter establishes a framework to facilitate a fair, transparent and consistent regime for the mutual recognition of professional qualifications by the Parties and sets out the general conditions for the negotiation of MRAs.
2. This Chapter applies to professions which are regulated in each Party, including in all or some Member States of the European Union and in all or some provinces and territories of Canada.
3. A Party shall not accord recognition in a manner that would constitute a means of discrimination in the application of its criteria for the authorisation, licensing or certification of a service supplier, or that would constitute a disguised restriction on trade in services.
4. An MRA adopted pursuant to this Chapter shall apply throughout the territories of the European Union and Canada.
Article 11.3. Negotiation of an MRA
1. Each Party shall encourage its relevant authorities or professional bodies, as appropriate, to develop and provide to the Joint Committee on Mutual Recognition of Professional Qualifications ("MRA Committee") established under Article 26.2.1(b) joint recommendations on proposed MRAs.
2. A recommendation shall provide an assessment of the potential value of an MRA, on the basis of criteria such as the existing level of market openness, industry needs, and business opportunities, for example, the number of professionals likely to benefit from the MRA, the existence of other MRAs in the sector, and expected gains in terms of economic and business development. In addition, it shall provide an assessment as to the compatibility of the licensing or qualification regimes of the Parties and the intended approach for the negotiation of an MRA.
3. The MRA Committee shall, within a reasonable period of time, review the recommendation with a view to ensuring its consistency with the requirements of this Chapter. If these requirements are satisfied, the MRA Committee shall establish the necessary steps to negotiate and each Party shall inform its respective relevant authorities of these steps.
4. The negotiating entities shall thereafter pursue the negotiation and submit a draft MRA text to the MRA Committee.
5. The MRA Committee will thereafter review the draft MRA to ensure its consistency with this Agreement.
6. If in the view of the MRA Committee the MRA is consistent with this Agreement, the MRA Committee shall adopt the MRA by means of a decision, which is conditional upon subsequent notification to the MRA Committee by each Party of the fulfilment of its respective internal requirements. The decision becomes binding on the Parties upon that notification to the MRA Committee by each Party.
Article 11.4. Recognition
1. The recognition of professional qualifications provided by an MRA shall allow the service supplier to practice professional activities in the host jurisdiction, in accordance with the terms and conditions specified in the MRA.
2. If the professional qualifications of a service supplier of a Party are recognised by the other Party pursuant to an MRA, the relevant authorities of the host jurisdiction shall accord to this service supplier treatment no less favourable than that accorded in like situations to a like service supplier whose professional qualifications have been certified or attested in the Party's own jurisdiction.
3. (a) Recognition under an MRA cannot be conditioned upon: a service supplier meeting a citizenship or any form of residency requirement; or
(b) a service supplier's education, experience or training having been acquired in the Party's own jurisdiction.
Article 11.5. Joint Committee on Mutual Recognition of Professional Qualifications
The MRA Committee responsible for the implementation of Article 11.3 shall:
(a) be composed of and co-chaired by representatives of Canada and the European Union, which must be different from the relevant authorities or professional bodies referred to in Article 11.3.1. A list of those representatives shall be confirmed through an exchange of letters;
(b) meet within one year after this Agreement enters into force, and thereafter as necessary or as decided;
(c) determine its own rules of procedure;
(d) facilitate the exchange of information regarding laws, regulations, policies and practices concerning standards or criteria for the authorisation, licensing or certification of regulated professions;
(e) make publicly available information regarding the negotiation and implementation of MRAs;
(f) report to the CETA Joint Committee on the progress of the negotiation and implementation of MRAs; and
(g) as appropriate, provide information and complement the guidelines set out in Annex 11-A.
Article 11.6. Guidelines for the Negotiation and Conclusion of MRAs
As part of the framework to achieve mutual recognition of qualifications, the Parties set out in Annex 11-A non-binding guidelines with respect to the negotiation and conclusion of MRAs.
Article 11.7. Contact Points
Each Party shall establish one or more contact points for the administration of this Chapter.
Chapter TWELVE. Domestic Regulation
Article 12.1. Definitions
For the purposes of this Chapter:
authorisation means the granting of permission to a person to supply a service or to pursue any other economic activity;
competent authority means any government of a Party, or non-governmental body in the exercise of powers delegated by any government of a Party, that grants an authorisation;
licensing procedures means administrative or procedural rules, including for the amendment or renewal of a licence, that must be adhered to in order to demonstrate compliance with licensing requirements;
licensing requirements means substantive requirements, other than qualification requirements, that must be complied with in order to obtain, amend or renew an authorisation;
qualification procedures means administrative or procedural rules that must be adhered to in order to demonstrate compliance with qualification requirements; and
qualification requirements means substantive requirements relating to competency that must be complied with in order to obtain, amend or renew an authorisation.
Article 12.2. Scope
1. This Chapter applies to a measure adopted or maintained by a Party relating to licensing requirements, licensing procedures, qualification requirements, or qualification procedures that affect:
(a) the cross-border supply of services as defined in Article 9.1 (Definitions);
(b) the supply of a service or pursuit of any other economic activity, through commercial presence in the territory of the other Party, including the establishment of such commercial presence; and
(c) the supply of a service through the presence of a natural person of the other Party in the territory of the Party, in accordance with Article 10.6.2 (Obligations in other chapters).
2. This Chapter does not apply to licensing requirements, licensing procedures, qualification requirements, or qualifi- cation procedures:
(a) pursuant to an existing non-conforming measure maintained by a Party as set out in its Schedule to Annex I; or