In addition to the requirements established in numerals (i) to (iii), the temporary entry will only be granted to business people who also comply with the measures of immigration of a Party.
Article 7.2. Scope of Application
1. This Chapter shall apply to measures affecting the movement of nationals of a Party to the territory of the other Party, where these people are:
(a) Business visitors;
(b) Service providers under contract;
(c) Executives of a business whose headquarters are in a Party, which is establishing a subsidiary branch of that business in the other Party, or
(d) Personnel transferred to a company.
2. This Chapter shall not apply to measures that affect nationals who seek to obtain access to the labor market of a Party, nor should it apply to measures relating to citizenship, nationality, permanent residence or permanent employment.
Article 7.3. General Obligations
1. Each Party shall apply its measures relating to the provisions of this Chapter of expeditious manner, to avoid undue delays or impairments in the trade of goods or services, or in carrying out investment activities, in accordance with this Agreement.
2. Nothing in this Agreement shall prevent a Party from applying measures to regulate the entry of nationals of the other Party, or the temporary stay of them in their territory, including those measures necessary to protect the integrity of its borders and guarantee the orderly movement of nationals through them, provided that those measures are not applied in a manner that would nullify or impair the benefits granted to the other Part under the terms of this Chapter and Chapter 6 (Cross-Border Trade in Services).
3. The mere fact of requiring nationals to meet the eligibility requirements with prior to entry to a Party, shall not be considered as nullification or impairment of the benefits granted to the other Party, under the terms of this Chapter and Chapter 6 (Cross-Border Services Trade).
4. Any measure relating to the temporary entry of business persons adopted and maintained by a Party on its own initiative, or as a result of an agreement between the Parties, that provides more liberal access or treatment for business persons covered by This Chapter must be granted to business persons covered by it. Without However, with respect to such measures adopted or maintained by a Party under its own initiative, any more liberal access or treatment granted under those initiatives will only be granted for the time in which such measures are in force.
Article 7.4. Temporary Entry Authorization
1. Each Party shall authorize the temporary entry of business persons, including spouses and dependent on personnel transferred to a company, who are also qualified to enter, in accordance with applicable measures related to health and safety public, as well as those relating to national security, in accordance with this Chapter, including the provisions of Annexes I and II.
2. Each Party shall ensure that the duties imposed by its competent authorities, applicable to applications for an immigration formality, do not constitute an impediment unjustifiable for the movement of nationals under this Chapter.
3. Temporary entry granted under this Chapter shall not replace the requirements necessary to perform a profession or activity in accordance with laws and regulations specific in the territory of the Party granting the temporary entry.
Article 7.5. Delivery of Information
Each Party shall:
(a) Make explanatory material of all measures available to the general public relevant issues that pertain to or affect the operation of this Chapter, including any new or modified measure;
(b) No later than six (6) months after the date of entry into force of this Agreement, make available to the other Party a consolidated document with material that explains the requirements for temporary entry under this Chapter, of such that the business persons of the other Party can know them, and
(c) Maintain appropriate mechanisms to respond to inquiries from the other Party, and of the interested persons of the same, regarding measures that affect the entry temporary and the temporary stay of nationals of the other Party.
Article 7.6. Consultations
1. The Parties agree to consult on any question raised by one of them related to this Chapter. Such consultations may include:
(a) Consideration of suggestions to further facilitate the temporary entry of business people;
(b) Consideration of the development of common criteria and interpretations for the implementation of this Chapter, and
(c) Any concern regarding the refusal to grant temporary entry of according to the provisions of this Chapter.
2. The procedures indicated in the previous paragraph must include officials of the immigration agencies of the Parties.
Article 7.7. Relationship with other Chapters
1. Except as provided in this Chapter, nothing in this Agreement shall impose obligation to the Parties regarding their immigration measures.
2. Nothing in this Chapter shall be construed to impose obligations or commitments with respect to other chapters of this Agreement.
Article 7.8. Application of Regulations
1. In the case where a migratory formality is required by a Party, that Party shall process expeditiously the complete applications for migratory formalities received from the nationals of the other Party covered by Article 7.2, including requests for additional migratory formalities.
2. Each Party shall, in consultation with the applicant, and within a reasonable time after that the complete request for temporary entry made by a national covered by the Article 7.2 has been filed, notify the applicant of:
(a) The status of the request, and
(b) The decision regarding the application including, if approved, the period of stay and other conditions; or, in case of being denied, the reasons for the denial and the means to request a review of the decision.
Article 7.9. Settlement of Disputes
1. Neither Party may have recourse to the dispute settlement mechanism provided for in Chapter 22 (Dispute Settlement) regarding a refusal of entry authorization temporarily in accordance with this Chapter, or in respect of a particular case that arises pursuant to Article 7.3, unless:
(a) The matter relates to a recurring practice;
(b) The affected business person has exhausted administrative resources national authorities at your disposal on that particular issue, and
(c) The Parties have undertaken consultations in accordance with Article 7.6.
2. The resources referred to in paragraph 1 (b) shall be considered exhausted when there is undue delay in the reparation process and this is imputable to the Party where the process is being driven.
1. Business persons entering Chile pursuant to Article 7.2.1, including spouses and dependents of personnel transferred to a company, will be considered as involved in activities that are of interest to the country.
2. Business persons who enter Chile pursuant to Article 7.2, and to whom they are has issued a temporary visa, may receive the extension of such temporary visa for periods subsequent, provided that the conditions on which its granting has been based remain current, without it being necessary for such person to apply for permanent residence.
3. When a national:
(i) Has been favored with the granting of the right to temporary entry as provided in Article 7.4 for a period greater than twelve (12) months, and
(ii) Has a dependent or spouse,
Chile must, in the case of an application filed by a dependent or accompanying spouse of a Brazilian national who meets the requirements established in Chile for granting of a migratory formality, grant the dependent or accompanying spouse the right to entry, stay and temporary movement, for the same period as the national in question.
4. Business persons who enter Chile may also obtain a certificate of identity for foreigners.
1. The requirements, conditions, deadlines and procedures for granting and renewal of temporary visas for business persons entering Brazil in accordance with the Article 7.2, as well as authorizations for temporary residence for work or investment purposes, are defined by resolution of the National Immigration Council and may vary according to the purpose of entry of the foreigner into Brazilian territory, under the terms of the Law of Migration (Law No. 13.445, of May 24, 2017).
2. The foreigner who has been granted temporary residence authorization in Brazil may request temporary visa and temporary residence authorization for family reunion purposes in favor of their dependents, for the same terms and conditions of their entry into national territory. The granting of the residence authorization to the dependent will be conditional on the concession prior to the residence authorization to the applicant alien.
3. The dependent to whom a temporary visa has been granted for family reunion purposes may exercise any activity in Brazil, including remuneration, on equal terms with the Brazilian national, in terms of the country's legislation.
4. The foreigner who has been granted a temporary residence permit in Brazil must apply to the Federal Police for registration in the National Immigration Registry, within a up to ninety (90) days from the date of entry into national territory. To the immigrant registered will be provided with the National Migratory Registration Card, which will include the unique registration number.
Annex I. Chile
1. Business persons entering Chile under Article 7.2.1, including spouses and dependents of intra-corporate transferees, shall be considered to be engaged in activities that are in the country's interest.
2. Business persons who enter Chile pursuant to Article 7.2, and who have been issued a temporary visa, may be granted an extension of such temporary visa for subsequent periods, provided that the conditions on which it was granted remain in effect, without it being necessary for such person to apply for permanent residence.
3. When a national:
(i) has been granted the right to temporary entry as provided in Article 7.4 for a period longer than twelve (12) months, and
(ii) has a dependent or spouse,
Chile shall, in the case of an application filed by a dependent or accompanying spouse of a national of Brazil who meets the requirements established in Chile for the granting of a migratory formality, grant the dependent or accompanying spouse the right to temporary entry, stay and movement, for the same period as the national in question.
4. Business people entering Chile may also obtain an identity card for foreigners.
Annex II. Brazil
1. The requirements, conditions, deadlines and procedures for the granting and renewal of temporary visas for business persons entering Brazil pursuant to Article 7.2, as well as temporary residence authorizations for work or investment purposes, are defined by resolution of the National Immigration Council and may vary according to the purpose of the foreigner's entry into Brazilian territory, under the terms of the Migration Law (Law No. 13,445, of May 24, 2017).
2. The foreigner who has been granted temporary residence authorization in Brazil may apply for a temporary visa and temporary residence authorization for family reunification purposes in favor of his/her dependents, for the same terms and conditions of his/her entry into the national territory. The granting of the residence authorization to the dependent will be conditioned to the previous granting of the residence authorization to the applicant foreigner.
3. The dependent who has been granted a temporary visa for the purpose of family reunion may exercise any activity in Brazil, including remunerated, under the same conditions as the Brazilian national, under the terms of the Brazilian legislation.
4. The foreigner who has been granted authorization for temporary residence in Brazil must apply to the Federal Police for registration in the National Migratory Registry, within ninety (90) days from the date of entry into the national territory. The registered immigrant will be provided with the National Migratory Registration Card, which will contain his/her unique registration number.
Chapter 8. Cooperation and Facilitation of Investments
Section A. Definitions and Scope of Application
Article 8.1. Definitions
For the purposes of this Chapter:
Company means any entity constituted or organized according to the applicable legislation, whether or not for profit and whether it is privately or governmentally owned, including any company, foundation, sole proprietorship, joint venture, and entities without legal personality;
Company of a Party means a company incorporated or organized according to the legislation of a Party, which carries out substantial business activities in the territory of the same Party;
State enterprise means a company owned or controlled, in full or majority, on the one hand, for the purposes of exercising business activities;
Host State means the Party in whose territory the investment is located;
Investment means a direct investment, that is, all assets owned or controlled, direct or indirectly, by an investor of a Party, established or acquired in accordance with the legal order of the other Party, in the territory of that other Party, which allows the exercise of ownership, control or a significant degree of influence on the management of the production of goods or the provision of services in the territory of the Host State, including in particular, but not exclusively:
(a) A company;
(b) Shares, capital or other forms of participation in the equity or capital stock of a company;
(c) Bonds, debentures, loans or other debt instruments of a company, regardless of the original expiration date, but does not include, in the case of Brazil, a debt instrument or a loan to a company from the State that does not develop economic activities in market conditions and, in the case of Chile, a debt instrument issued by a State company, or a loan to a state company;
(d) Contractual rights, including turnkey contracts, construction contracts, management, production, concession, participation in income and other similar contracts;
(e) Licenses, authorizations, permits and similar rights granted in accordance with with the domestic legislation of the Host State;
(f) Intellectual property rights as defined or referenced in the TRIPS Agreement;
(g) Property rights, tangible or intangible, movable or immovable, and any other real rights, such as mortgage, pledge, usufruct and similar rights.
For greater certainty, "investment" does not include:
(a) Public debt operations;
(b) An order or sentence filed in a judicial or administrative action;
(c) Portfolio investments, and
(d) Pecuniary claims arising exclusively from commercial contracts for the sale of goods or services by an investor in the territory of a Party to a national or a company in the territory of the other Party, or the granting of credit in relation to a commercial transaction;
Investor means a national, permanent resident, or company of a Party, which has made an investment in the territory of the other Party;
Free use currency means the currency of free use, as determined in accordance with the Agreement Establishing the International Monetary Fund;
Returns means the values obtained by an investment and, in particular, although not exclusively, it includes royalties, profits, interests, capital gains and dividends, and
Territory means:
(a) With respect to Brazil, the territory, including its land and air spaces, the exclusive economic zone, the territorial sea, continental shelf, land and subsoil, within which it exercises its sovereign or jurisdictional rights, conformity with international law and with its domestic legislation, and
(b) With respect to Chile, the terrestrial, maritime and air space under its sovereignty, and the exclusive economic zone and the continental shelf on which it exercises sovereign rights and jurisdiction according to international law and its internal legislation.
Article 8.2. Objective
The objective of this Chapter is to facilitate and promote mutual investment through the establishment of a treatment framework for investors and their investments, and institutional governance of cooperation, as well as mechanisms for prevention and resolution of controversies.
Article 8.3. Scope of Application
1. This Chapter applies to investors and investments made before or after of the entry into force of this Agreement.
2. For greater certainty,
(a) The requirement of a Party that a service provider of the other Party deposits a bond or other form of financial guarantee as a condition for providing a service in its territory, does not itself apply this Chapter to the cross-border provision of this service. This Chapter applies to the treatment that grant that Party to the deposit or financial guarantee deposited, to the extent that bail or financial guarantee is an investment;
(b) This Chapter will not limit in any way the rights and benefits that the legislation in force in the territory of a Party or international law, including the Agreement on Trade Related Investment Measures (TRIMS) of the World Trade Organization, confer a investor of the other Party, and
(c) The provisions of this Chapter do not prevent the adoption and application of new requirements or restrictions on investors and their investments, as long as do not be dissatisfied with this Chapter.
3. This Chapter does not apply to subsidies or donations granted by a Party, including loans, guarantees and insurance, with State guarantee, notwithstanding that the matter may be dealt with in the Joint Committee provided for in Article 8.18.
Section B. Treatment Granted to Investors and Their Investments
Article 8.4. Admission
Each Party shall admit in its territory the investments of investors of the other Party that are carried out in accordance with its legal system.
Article 8.5. National Treatment
1. Subject to its laws and regulations in force at the time the investment is made, each Party shall accord to investors of the other Party, treatment no less favorable than that which grant, in similar circumstances, to its own investors, in relation to the expansion, administration, conduct, operation and sale or other form of disposal of investments in his territory.
2. Subject to its laws and regulations in force at the time the investment is made, each Party shall grant investments of investors of the other Party, a treatment no less favorable that the one that grants, in similar circumstances, to the investments of its own investors, in relation to the expansion, administration, conduct, operation and sale of another form of disposition of the investments in its territory.
4. For greater certainty, that the treatment be agreed upon in "similar circumstances", depends on the totality of the circumstances, even if the relevant treatment distinguishes between investors or investments based on legitimate public interest objectives.
4. For greater certainty, this Article shall not be construed as obligating the Parties to compensate for intrinsic competitive disadvantages resulting from the foreign character of the investors and their investments.
Article 8.6. Most Favored Nation Treatment
1. Subject to its laws and regulations in force at the time the investment is made, each Party shall accord to investors of the other Party treatment no less favorable than that which grant, in similar circumstances, to investors of a non-Party State in relation to, expansion, administration, management, operation and sale or other form of disposal of investments in its territory.
2. Subject to its laws and regulations in force at the time the investment is made, each Party shall accord to investments of investors of the other Party a treatment not less than favorable to the one that grants him, in similar circumstances, to the investments in his territory of a investor of a State that is not a Party in relation to expansion, administration, conduction, operation and sale or another form of disposition of investments in its territory.
3. This Article shall not be construed as:
(a) An obligation of a Party to give an investor of the other Party or its investments the benefit of any treatment, preference or privilege that arises of:
(i) Provisions related to the settlement of disputes regarding investments contained in an international investment agreement, including an agreement that contains an investment chapter, or
(ii) Any international trade agreement, including those that create a regional economic integration organization, free zone trade, customs union or common market of which a Party is a member before the entry into force of this Agreement.
(b) The possibility of invoking, in any dispute resolution mechanism standards of treatment contained in an international investment agreement or in a agreement containing an investment chapter of which one of the Parties is party before the entry into force of this Agreement.
4. For greater certainty, this Chapter does not apply to the disciplines relating to trade in services contained in any international agreement in force or signed prior to entry into force of this Agreement on: aviation; fishing; maritime affairs, including salvage; and any customs union, economic union, monetary union and agreement resulting from said unions or similar institutions.
Article 8.7. Expropriation
1. No Party shall expropriate or nationalize the investments of one investor of the other Party, unless it is:
(a) For reasons of public utility or public interest;
(b) In a non-discriminatory manner;
(c) By payment of compensation, in accordance with paragraphs 2 to 3, and
(d) In accordance with the principle of due process of law.
2. The compensation must:
(a) Be paid without delay;
(b) Be equivalent to the fair market value of the investment expropriated in the date immediately prior to the expropriatory measure has been taken;
(c) Not reflect a change in value because the intention to expropriate was known in advance of the date indicated in subparagraph (b), and
(d) Be freely payable and transferable, in accordance with Article 8.11.
3. The compensation referred to in paragraph 1 (c) shall not be less than the fair market value in the date indicated in paragraph 2 (b), plus interest fixed according to market criteria, accumulated from the date indicated in paragraph 2 (b) until the date of payment.
4. This Article does not apply to the issuance of compulsory licenses granted in relation to rights of intellectual property, or the revocation, limitation or creation of said rights in the extent that said issuance, revocation, limitation or creation is compatible with the Agreement on TRIPS. For greater certainty, the term "revocation" of property rights referred to in this paragraph includes the cancellation or nullity of said rights, and the term "limitation" of intellectual property rights also includes exceptions to said rights.
5. For greater certainty, this Article only provides for direct expropriation, where a investment is nationalized or otherwise expropriated directly through the formal transfer of title or of property rights.
Article 8.8. Treatment In the Event of a Dispute
1. With respect to measures such as restitution, compensation, compensation and other settlement, each Party shall grant to investors of the other Party who have suffered losses in their investments in the territory of that Party, due to armed conflicts or civil strife, such as war, revolution, insurrection or civil unrest, a treatment no less favorable than that granted to its own investors or investors of any country that is not a Party, according to what is most favorable to the affected investor.
2. Notwithstanding the provisions of paragraph 1, each Party shall provide the investor with the another Party the restitution, compensation or both, as appropriate, pursuant to Article 8.7.2 to Article 8.7.3, in the event that the investments of the investors of the other Party suffer losses in its territory, in any situation contemplated in paragraph 1, resulting from:
(a) The requisition of your investment or part of it by the forces or authorities of the Host State, or
(b) The destruction of your investment or part of it by the forces or authorities of the Host State.
Article 8.9. Transparency
1. Each Party shall ensure that its laws and regulations relating to any matter included in this Chapter are published without delay and, where possible, electronically.
2. To the extent possible, each Party shall:
(a) Publicize in advance the measures referred to in paragraph 1 that are propose to adopt, and
(b) Provide interested persons and the other Party reasonable opportunity to comment on the proposed measures.
3. Each Party shall establish or maintain adequate mechanisms to respond to queries of interested persons regarding their regulations regarding the subject matter of this Chapter, in accordance with its laws and regulations on transparency. The implementation of the obligation to establish adequate mechanisms will take into account the limitations budget and resources in the case of small administrative agencies.
Article 8.10. National Regulation
Each Party shall ensure that all measures that affect the investment are administered in a reasonable, objective and impartial manner, in accordance with its legal system.
Article 8.11. Transfers
1. Each Party shall allow the following transfers related to the investment of a investor of the other Party, freely and without delay, from and to its territory:
(a) The initial contribution to capital or any addition thereof in relation to the maintenance or expansion of that investment;
(b) The returns directly related to the investment;