Article 10.13. Scope
1. This Section applies to measures of a Party affecting the cross-border trade in services by service suppliers of the other Party.
2. This Section does not apply to:
(a) any measure of a Party with respect to public procurement of a good or service purchased for governmental purposes, and not with a view to commercial resale or with a view to use in the supply of a good or service for commercial sale, whether or not that procurement is covered procurement within the meaning of Article 14.1(4) (incorporation of certain provisions of the GPA); or
(b) subsidies or grants provided by the Parties, including government-supported loans, guarantees and insurance.
Article 10.14. Market Access
A Party shall not adopt or maintain, either on the basis of its entire territory or on the basis of a territorial subdivision, a measure that:
(a) imposes limitations on:
(i) the number of service suppliers, whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirement of an economic needs test;
(ii) the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test; or
(iii) the total number of service operations or the total quantity of service output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test; or
(b) restricts or requires specific types of legal entity or joint venture through which a service supplier may supply a service.
Article 10.15. Local Presence
A Party shall not require a service supplier of the other Party to establish or maintain a representative office or any form of enterprise, or to be resident, in its territory as a condition for cross-border trade in services.
Article 10.16. National Treatment
1. Each Party shall accord to services and service suppliers of the other Party treatment no less favourable than that which it accords, in like situations, to its own services and services suppliers (1).
2. A Party may meet the requirement of paragraph 1 by according to services and service suppliers of the other Party either formally identical treatment or formally different treatment to that which it accords to its own services and service suppliers.
3. Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of competition in favour of services or service suppliers of the Party compared to services or service suppliers of the other Party.
Article 10.17. Most-favoured-nation Treatment
1. Each Party shall accord to services and service suppliers of the other Party treatment no less favourable than that which it accords, in like situations, to services and service suppliers of a third country.
2. Paragraph 1 shall not be construed as obliging a Party to extend to services and service suppliers of the other Party the benefit of any treatment resulting from existing or future agreement or arrangement providing for the recognition of qualifications or licences or of prudential measures as referred to in Article VII of GATS or paragraph 3 of the Annex on Financial Services to GATS.
3. For greater certainty, substantive provisions in other international agreements concluded by a Party with a third country do not in themselves constitute the treatment referred to in paragraph 1. Measures of a Party pursuant to those provisions may constitute such treatment and thus give rise to a breach of this Article.
Article 10.18. Non-conforming Measures
1. Articles 10.14 (Market access), 10.15 (Local presence), 10.16 (National treatment) and 10.17 (Most-favoured-nation treatment) do not apply to:
(a) any existing non-conforming measure of a Party at the level of:
(i) for the Union:
(A) the Union, as specified in the Schedule of the Union in Annex 10-A (Existing measures);
(B) the central government of a Member State, as specified in the Schedule of the Union in Annex 10-A (Existing measures);
(C) a regional government of a Member State, as specified in the Schedule of the Union in Annex 10-A (Existing measures); or
(D) alocal government, other than that referred to in point (C); and
(ii) for New Zealand:
(A) the central government, as specified in the Schedule of New Zealand in Annex 10-A (Existing measures); or
(B) a local government;
(b) the continuation or prompt renewal of any existing non-conforming measure referred to in point (a); or
(c) amodification of, or amendment to, any existing non-conforming measure referred to in points (a) and (b), to the extent that it does not decrease the conformity of such measure, as it existed immediately before the modification or amendment, with Article 10.14 (Market access), 10.15 (Local presence), 10.16 (National treatment) or 10.17 (Most-favoured-nation treatment).
2. Articles 10.14 (Market access), 10.15 (Local presence), 10.16 (National treatment) and 10.17 (Most-favoured-nation treatment) shall not apply to a measure of a Party with respect to sectors, sub-sectors, or activities specified in its Schedule in Annex 10-B (Future measures).
Article 10.19. Denial of Benefits
A Party may deny the benefits of this Section to a service supplier of the other Party if the denying Party adopts or maintains measures related to the maintenance of international peace and security, including the protection of human rights, which:
(a) prohibit transactions with that service supplier; or
(b) would be violated or circumvented if the benefits of this Section were accorded to that service supplier, including where the measures prohibit transactions with a natural or juridical person who owns or controls that service supplier.
Section D. ENTRY AND TEMPORARY STAY OF NATURAL PERSONS FOR BUSINESS PURPOSES
Article 10.20. Scope and Definitions
1. Subject to paragraphs 1 and 2 of Article 10.2 (Scope) of Section A, this Section applies to measures of a Party affecting the entry and temporary stay in its territory of natural persons of the other Party for business purposes, who fall within the scope of the following categories: short-term business visitors, business visitors for establishment purposes, contractual service suppliers, independent professionals and intra-corporate transferees.
2. Commitments on the entry and temporary stay of natural persons for business purposes do not apply in cases where the intent or effect of the entry and temporary stay is to interfere with, or otherwise affect, the outcome of any labour or management dispute or negotiation, or the employment of any natural person who is involved in such dispute or negotiation.
3. For the purposes of this Section, the following definitions apply:
(a) "business visitor for establishment purposes" means a natural person, working in a senior position within a juridical person of a Party, who:
(i) is responsible for setting up or winding down an enterprise of such juridical person in the territory of the other Party;
(ii) does not offer or provide services or engage in any economic activity other than that which is required for the purpose of establishing that enterprise; and
(ii) does not receive remuneration from a source located within the other Party;
(b) "contractual service supplier" means a natural person employed by a juridical person of a Party, other than through an agency for placement and supply services of personnel, which is not established in the territory of the other Party and has concluded a bona fide service contract (1) to supply services to a final consumer in the other Party requiring the temporary presence of its employee who:
(i) has offered those services as an employee of the juridical person for a period of not less than one year immediately preceding the date of that employee's application for entry and temporary stay;
(ii) possesses, on the date of that employee's application for entry and temporary stay, the required level of professional experience (1) in the sector of activity that is the object of the contract, a degree or a qualification demonstrating knowledge of an equivalent level (2) and the professional qualification legally required to exercise that activity in the other Party; and
(ii) does not receive remuneration from a source located within the other Party;
(c) "independent professional" means a natural person engaged in the supply of a service and established as self-employed in the territory of a Party who:
(i) has not established in the territory of the other Party;
(ii) has concluded a bona fide service contract (3), other than through an agency for placement and supply services of personnel, for a period not exceeding 12 months to supply services to a final consumer in the other Party, requiring that person's presence on a temporary basis; and
(iii) possesses, on the date of that person's application for entry and temporary stay, at least six years professional experience in the sector of activity that is the object of the contract, a university degree or a qualification demonstrating knowledge of an equivalent level (1) and the professional qualification legally required to exercise that activity in the other Party;
(d) "intra-corporate transferee" means a natural person who:
(i) has been employed by a juridical person of a Party, or has been a partner in such person, for a period of not less than one year immediately preceding the date of that person's application for the entry and temporary stay in the other Party (2);
(ii) at the time of that person's application for the entry and temporary stay resides outside the territory of the other Party;
(iii) is temporarily transferred to an enterprise of the juridical person in the territory of the other Party that is a member of the group of the originating juridical person, including its representative office, subsidiary, branch or head company; and
(iv) belongs to one of the following categories:
(A) manager or executive; or
(B) specialist;
(e) "manager" or "executive" means a natural person working in a senior position, who primarily directs the management of the enterprise or a substantial part of it in the other Party, receiving general supervision or direction principally from higher level executives or the board of directors or from stockholders of the business or their equivalent, and whose responsibilities include:
(i) directing the enterprise or a department or subdivision thereof;
(ii) supervising and controlling the work of other supervisory, professional or managerial employees. This does not include a first-line supervisor unless the employees supervised are professionals, nor does this include an employee who primarily performs tasks necessary for the provision of the service or operation of an investment; and
(iii) having the authority to recommend hiring, dismissing or other personnel-related actions; and
(f) "specialist" means a natural person possessing specialised knowledge at an advanced level of technical expertise, essential to the enterprise's areas of activity, techniques or management, which is to be assessed taking into account not only knowledge that is specific to the enterprise, but also whether the person has a high level of qualification, including adequate professional experience, referring to a type of work or activity requiring specific technical knowledge, including possible membership of an accredited profession.
Article 10.21. Business Visitors for Establishment Purposes and Intra-corporate Transferees
1. Subject to the relevant conditions and qualifications specified in Annex 10-C (Business visitors for establishment purposes, intra-corporate transferees and short-term business visitors):
(a) a Party shall allow:
(i) the entry and temporary stay of business visitors for establishment purposes and intra-corporate transferees; and
(ii) the employment in its territory of intra-corporate transferees of the other Party;
(b) a Party shall not maintain or adopt limitations in the form of numerical quotas or economic needs tests on the total number of natural persons that, in a specific sector, are allowed entry as business visitors for establishment purposes, or that an investor may employ as intra-corporate transferees either on the basis of a territorial subdivision or on the basis of its entire territory; and
(c) each Party shall accord to business visitors for establishment purposes and intra-corporate transferees of the other Party, with regard to measures affecting their business activities during their temporary stay in its territory, treatment no less favourable than that which it accords, in like situations, to its own natural persons.
2. The permissible length of stay for managers or executives and specialists shall be for a period of up to three years.
3. The permissible length of stay for business visitors for establishment purposes shall be up to 90 days in any six-month period for the Union and up to 90 days in any 12-month period for New Zealand.
Article 10.22. Short-term Business Visitors
1. Subject to the relevant conditions and qualifications specified in Annex 10-C (Business visitors for establishment purposes, intra-corporate transferees and short-term business visitors), a Party shall allow the entry and temporary stay of short-term business visitors of the other Party for the purpose of carrying out the activities listed in Annex 10-C (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 receive remuneration from an entity in the territory of 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 juridical person who has not established in the territory of the Party where they are staying temporarily, and a consumer in such territory, except as provided for in Annex 10-C (Business visitors for establishment purposes, intra-corporate transferees and short-term business visitors). 2. Unless otherwise specified in Annex 10-C (Business visitors for establishment purposes, intra-corporate transferees and short-term business visitors), a Party shall allow entry of short-term business visitors without the requirement of an economic needs test or other prior approval procedures of similar intent.
3. The permissible length of stay shall be for a period of up to 90 days in any 12-month period.
Article 10.23. Contractual Service Suppliers and Independent Professionals
1. In the sectors, sub-sectors and activities listed in Annex 10-E (Contractual service suppliers and independent professionals), and subject to the relevant conditions and qualifications specified therein, each Party shall:
(a) allow the entry and temporary stay of contractual service suppliers and independent professionals in its territory;
(b) not adopt or maintain limitations on the total number of contractual service suppliers and independent professionals of the other Party allowed temporary entry, in the form of numerical quotas or an economic needs test, either on the basis of a territorial subdivision or on the basis of its entire territory; and
(c) accord to contractual service suppliers and independent professionals of the other Party, with regard to measures affecting the supply of services in its territory, treatment no less favourable than that which it accords, in like situations, to its own service suppliers.
2. For greater certainty, access accorded under this Article relates only to the service that is the subject of the contract and does not confer entitlement to exercise the professional title of the Party where the service is provided.
3. The permissible length of stay shall be for a cumulative period of 12 months, or for the duration of the contract, whichever is less.
Article 10.24. Non-conforming Measures
1. Points (b) and (c) of Article 10.21(1) (Business visitors for establishment purposes and intracorporate transferees) and points (b) and (c) of 10.23(1) (Contractual service suppliers and independent professionals) shall not apply to:
(a) any existing non-conforming measure that affects the temporary stay of natural persons for business purposes and that is maintained at the level of:
(i) for the Union:
(A) the Union, as specified in the Schedule of the Union in Annex 10-A (Existing measures);
(B) the central government of a Member State, as specified in the Schedule of the Union in Annex 10-A (Existing measures);
(C) a regional government of a Member State, as specified in the Schedule of the Union in Annex 10-A (Existing measures); or
(D) alocal government, other than that referred to in point (C); and
(ii) for New Zealand:
(A) the central government, as specified in the Schedule of New Zealand in Annex 10-A (Existing measures); or
(B) a local government;
(b) the continuation or prompt renewal of any existing non-conforming measure referred to in point (a); or
(c) a modification of, or amendment to, any existing non-conforming measure referred to in points (a) and (b) to the extent that it does not decrease the conformity of such measure, as it existed immediately before the modification or amendment, with points (b) and (c) of Article 10.21(1) (Business visitors for establishment purposes and intra-corporate transferees) or points (b) and (c) of Article 10.23(1) (Contractual service suppliers and independent professionals).
2. Points (b) and (c) of Article 10.21(1) (Business visitors for establishment purposes and intra- corporate transferees) or points (b) and (c) of Article 10.23(1) (Contractual service suppliers and independent professionals) shall not apply to any measure that a Party adopts or maintains that affects the temporary stay of natural persons for business purposes with respect to sectors, sub-sectors or activities as set out by that Party in its Schedule in Annex 10-B (Future measures).
Article 10.25. Transparency
1. Each Party shall make publicly available, if possible by publishing on a website, information on its measures affecting the entry and temporary stay in its territory of natural persons of the other Party as referred to in Article 10.20(1) (Scope and definitions).
2. The information referred to in paragraph 1 shall include the following information relevant to the entry and temporary stay of natural persons, where it exists:
(a) entry conditions;
(b) an indicative list of documentation that may be required in order to verify fulfilment of the entry conditions;
(c) indicative processing time;
(d) applicable fees;
(e) appeal procedures; and
(f) relevant laws of general application pertaining to the entry and temporary stay of natural persons.
Section E. REGULATORY FRAMEWORK
Subsection 1. DOMESTIC REGULATION
Article 10.26. Scope and Definitions
1. This Sub-Section applies to measures of a Party relating to licensing requirements and procedures, qualification requirements and procedures, and technical standards! that affect:
(a) cross-border trade in services;
(b) establishment or operation; or
(c) the supply of services through the presence of a natural person of a Party in the territory of the other Party of categories of natural persons as defined in Article 10.20(3) (Scope and definitions);
1 As far as measures relating to technical standards are concerned, this Sub-Section only applies to measures that affect cross-border trade in services. The term "technical standards" does not include regulatory technical standards or implementing technical standards for financial services.
2. This Sub-Section does not apply to licensing requirements and procedures, qualification requirements and procedures, and technical standards pursuant to a measure that does not conform with Article 10.5 (Market access), 10.6 (National treatment), 10.14 (Market access) or 10.16 (National treatment), and is referred to in Article 10.10(1) or (2) (Non-conforming measures), or in Article 10.18(1) or (2) (Non-conforming measures).
3. For the purposes of this Sub-Section, the following definitions apply:
(a) "authorisation" means the permission to carry out any of the activities referred to in points (a), (b) and (c) of paragraph 1 resulting from a procedure which a natural or juridical person must adhere to in order to demonstrate compliance with licensing requirements, qualification requirements or technical standards; and
(b) "competent authority" means a central, regional or local government or authority or non-governmental body which exercises powers delegated by central, regional or local governments or authorities, and which is entitled to take a decision concerning the authorisation.
Article 10.27. 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 10.28. Application Timeframes
If a Party requires authorisation, it shall ensure that its competent authorities, to the extent practicable, permit the submission of an application at any time throughout the year. If a specific time period for applying for authorisation is set, the Party shall ensure that the competent authorities allow a reasonable period of time for the submission of an application.
Article 10.29. Electronic Applications and Acceptance of Copies
If a Party requires authorisation, it shall ensure that its competent authorities:
(a) endeavour to accept applications in electronic format; 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 process of authorisation.
Article 10.30. Processing of Applications
1. If a Party requires authorisation, it shall ensure that its competent authorities:
(a) to the extent practicable, provide an indicative timeframe for the processing of an application;
(b) at the request of the applicant, provide without undue delay information concerning the status of the application;
(c) to the extent practicable, ascertain without undue delay the completeness of an application for processing under the Party's laws and regulations;
(d) if they consider an application complete for processing (1) under the Party's laws and regulations, within a reasonable period of time after the submission of the application, ensure that:
(i) the processing of the application is completed; and
(ii) the applicant is informed of the decision concerning the application, (1) to the extent possible in writing (2);