(b) shall not apply its procedures established pursuant to paragraph 1 to the temporary entry of a business person subject to the numerical limit, but may require the business person to comply with its other procedures applicable to the temporary entry of professionals; and
(c) may, in consultation with the other Party, grant temporary entry under paragraph 1 to a business person who practices in a profession where accreditation, licensing, and certification requirements are mutually recognized by the Parties.
6. Nothing in paragraph 4 or 5 shall be construed to limit the ability of a business person to seek temporary entry under a Party's applicable immigration measures relating to the entry of professionals other than those adopted or maintained pursuant to paragraph 1.
7. Three years after a Party establishes a numerical limit pursuant to paragraph 4, it shall consult with the other Party with a view to determining a date after which the limit shall cease to apply.
Annex K-03.1.
1. Business persons who enter Chile under any of the categories set out in Annex K-03 shall be deemed to be engaged in activities which are in the country's interest.
2. Business persons who enter Chile under any of the categories set out in Annex K-03 and are issued a temporary visa shall have that temporary visa extended for subsequent periods provided the conditions on which it is based remain in effect, without requiring that person to apply for permanent residence.
3. Business persons who enter Chile may also obtain an identity card for foreigners.
Appendix K-03.I.1.
Business Visitors
Research and Design
Technical, scientific and statistical researchers conducting independent research or research for an enterprise located in the territory of the other Party.
Growth, Manufacture and Production
Purchasing and production management personnel conducting commercial transactions for an enterprise located in the territory of the other Party.
Marketing
- Market researchers and analysts conducting independent research or analysis or research or analysis for an enterprise located in the territory of the other Party.
- Trade fair and promotional personnel attending a trade convention.
Sales
- Sales representatives and agents taking orders or negotiating contracts for goods or services for an enterprise located in the territory of the other Party but not delivering goods or providing services.
- Buyers purchasing for an enterprise located in the territory of the other Party.
Distribution
Customs brokers providing consulting services regarding the facilitation of the import or export of goods.
After-sales Service
Installers, repair and maintenance personnel, and supervisors, possessing specialized knowledge essential to a seller's contractual obligation, performing services or training workers to perform services, pursuant to a warranty or other service contract incidental to the sale of commercial or industrial equipment or machinery, including computer software, purchased from an enterprise located outside the territory of the Party into which temporary entry is sought, during the life of the warranty or service agreement.
General Service
- Professionals engaging in a business activity at a professional level in a profession set out in Appendix K-03.IV.1.
- Management and supervisory personnel engaging in a commercial transaction for an enterprise located in the territory of the other Party.
- Financial services personnel (insurers, bankers or investment brokers) engaging in commercial transactions for an enterprise located in the territory of the other Party.
- Public relations and advertising personnel consulting with business associates, or attending or participating in conventions.
- Tourism personnel (tour and travel agents, tour guides or tour operators) attending or participating in conventions or conducting a tour that has begun in the territory of the other Party.
- Translators or interpreters performing services as employees of an enterprise located in the territory of the other Party.
Definitions
For purposes of this Appendix:
territory of the other Party means the territory of the Party other than the territory of the Party into which temporary entry is sought.
Appendix K-03.I.3.
Existing Immigration Measures
1. In the case of Canada, subsection 19(1) of the Immigration Regulations, 1978, SOR/78-172, as amended, made under the Immigration Act R.S.C. 1985, c. I-2, as amended.
2. In the case of Chile, Title I, paragraph 6 of Decree Law 1094, Official Gazette, July 19, 1975, Immigration Law ("Decreto Ley 1094, Diario Oficial, julio 19, 1975, Ley de Extranjería"), and Title III of Immigration Regulation("Decreto Supremo 597 del Ministerio del Interior, Diario Oficial noviembre 24, 1984, Reglamento de Extranjería").
Appendix K.03.IV.1.
Professionals
Profession (1) and Minimum Education Requirements and Alternative Credentials (2)
General
Accountant - Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A. or C.M.A.; or Contador auditor or Contador público (University Title) (3)
Architect - Baccalaureate or Licenciatura Degree; or state/provincial licence (4)
Computer Systems Analyst - Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma (5) or Post-Secondary Certificate (6), and three years experience
Disaster Relief Insurance Claims Adjuster (claims adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster) - Baccalaureate or Licenciatura Degree, and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims
Economist (including Commercial - Baccalaureate or Licenciatura Degree Engineer in Chile)
Engineer - Baccalaureate or Licenciatura Degree; or state/provincial licence
Forester - Baccalaureate or Licenciatura Degree; or state/provincial licence
Graphic Designer - Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
Hotel Manager - Baccalaureate or Licenciatura Degree in hotel/restaurant management; or Post-Secondary Diploma or Post-Secondary Certificate in hotel/restaurant management, and three years experience in hotel/restaurant management
Industrial Designer - Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
Interior Designer - Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
Land Surveyor - Baccalaureate or Licenciatura Degree; or state/provincial/national licence
Landscape Architect Baccalaureate or Licenciatura Degree
Lawyer (including Notary in the Province of Quebec) - LL.B., J.D., LL.L., B.C.L. or Licenciatura Degree (five years) or Abogado, or membership in a state/provincial bar
Librarian - M.L.S. or B.L.S. or Magister en Bibliotecología (for which another Baccalaureate or Licenciatura Degree was a prerequisite)
Management Consultant - Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement
Mathematician (including Statistician) - Baccalaureate or Licenciatura Degree
Range Manager/Range Conservationalist Baccalaureate or Licenciatura Degree
Research Assistant (working in a post-secondary educational institution) - Baccalaureate or Licenciatura Degree
Scientific Technician/Technologist (7) - Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research
Social Worker - Baccalaureate or Licenciatura Degree or Asistente Social/Trabajador social (University Title)
Sylviculturist (including Forestry Specialist) - Baccalaureate or Licenciatura Degree
Technical Publications Writer - Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
Urban Planner (including Geographer) - Baccalaureate or Licenciatura Degree
Vocational Counsellor - Baccalaureate or Licenciatura Degree
Medical/Allied Professional
Dentist - D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental or Licenciatura en Odontologia; or state/provincial licence
Dietitian - Baccalaureate or Licenciatura Degree or Dietista Nutricional (University Title); or state/provincial licence
Medical Laboratory Technologist (Canada)/Medical Technologist (Chile, Mexico and the United States of America) (8) - Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
Nutritionist - Baccalaureate or Licenciatura Degree or Nutricionista/Dietista Nutricional (University Title)
Occupational Therapist - Baccalaureate or Licenciatura Degree or Terapeuta Ocupacional (University Title); or state/provincial licence
Pharmacist - Baccalaureate or Licenciatura Degree; or state/provincial licence
Physician (teaching or research only) - M.D. or Doctor en Medicina or Médico Cirujano/ Médico (University Title); or state/provincial licence
Physiotherapist/Physical Therapist - Baccalaureate or Licenciatura Degree or Kinesiólogo/Kinesioterapeuta (University Title); or state/provincial licence
Psychologist - State/provincial licence; or Licenciatura Degree
Recreational Therapist - Baccalaureate or Licenciatura Degree
Registered Nurse State/provincial licence, or Licenciatura Degree, or Enfermera (University Title)
Veterinarian - D.V.M., D.M.V. or Doctor en Veterinaria or Médico Veterinario (University Title); or state/provincial licence
Scientist
Agriculturist (including Agronomist) - Baccalaureate or Licenciatura Degree
Animal Breeder - Baccalaureate or Licenciatura Degree
Animal Scientist - Baccalaureate or Licenciatura Degree
Apiculturist - Baccalaureate or Licenciatura Degree
Astronomer - Baccalaureate or Licenciatura Degree
Biochemist - Baccalaureate or Licenciatura Degree
Biologist - Baccalaureate or Licenciatura Degree
Chemist - Baccalaureate or Licenciatura Degree
Dairy Scientist - Baccalaureate or Licenciatura Degree
Entomologist - Baccalaureate or Licenciatura Degree
Epidemiologist - Baccalaureate or Licenciatura Degree
Geneticist - Baccalaureate or Licenciatura Degree
Geologist - Baccalaureate or Licenciatura Degree or Geólogo (University Title)
Geochemist
Geophysicist (including Oceanographer in Mexico and the United States of America) - Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree
Horticulturist - Baccalaureate or Licenciatura Degree
Meteorologist - Baccalaureate or Licenciatura Degree
Pharmacologist
Physicist (including Oceanographer in Canada and Chile) - Baccalaureate or Licenciatura Degree
Baccalaureate or Licenciatura Degree for Physicist; Oceanógrafo (University Title) for Oceanographer
Plant Breeder - Baccalaureate or Licenciatura Degree
Poultry Scientist - Baccalaureate or Licenciatura Degree
Soil Scientist - Baccalaureate or Licenciatura Degree
Zoologist - Baccalaureate or Licenciatura Degree
Teacher
College - Baccalaureate or Licenciatura Degree - Baccalaureate or Licenciatura Degree
Seminary - Baccalaureate or Licenciatura Degree
University - Baccalaureate or Licenciatura Degree
Appendix K-03.IV.4.
Notwithstanding Annex K-03.IV.4, for the purposes of this Agreement, neither Party shall establish an annual numerical limit regarding temporary entry of business persons of the other Party seeking to engage in business activities at a professional level set out in Appendix K-03.IV.1.
Part Three bis. Government Procurement
Chapter K bis. Government Procurement
Article Kbis-01. Scope and Coverage
1. This Chapter applies to any measure adopted or maintained by a Party relating to procurement by an entity listed in Annex Kbis-01:
a. by any contractual means, including purchase and rental or lease, with or without an option to buy; and
b. subject to the terms of Annex Kbis-01.
2. This Chapter does not apply to:
a. non-contractual agreements or any form of assistance provided by a Party or a state enterprise, including grants, loans, equity infusions, fiscal incentives, subsidies, guarantees, cooperative agreements, government provision of goods and services to persons or to a regional or local level of government, and purchases for the direct purpose of providing foreign assistance;
b. purchases funded by international grants, loans, or other assistance, where the provision of such assistance is subject to conditions inconsistent with the provisions of this Chapter;
c. hiring of government employees and related employment measures;
d. acquisition of fiscal agency or depository services, liquidation and management services for regulated financial institutions, and sale and distribution services for government debt; and
e. procurements made by an entity or state enterprise from another entity or state enterprise of that Party.
3. Where an entity awards a contract that is not covered by this Chapter, nothing in this Chapter shall be construed to cover any good or service component of that contract.
4. No entity may prepare, design, or otherwise structure or divide, in any stage of the procurement, any procurement in order to avoid the obligations of this Chapter.
5. In calculating the value of a contract for the purpose of ascertaining whether the procurement is covered by this Chapter, an entity shall include the maximum total estimated value of the procurement over its entire duration, taking into account all options, premiums, fees, commissions, interest and other revenue streams or other forms of remuneration provided for in such contracts.
6. Nothing in this Chapter shall prevent either Party from developing new procurement policies, procedures, or contractual means, provided they are not inconsistent with this Chapter.
Article Kbis-02. General Principles
National Treatment and Non-Discrimination
1. With respect to any measure relating to procurement covered by this Chapter, each Party shall accord to the goods and services of the other Party, and to the suppliers of the other Party of such goods and services, treatment no less favourable than the most favourable treatment the Party accords to its own goods, services, and suppliers.
2. With respect to any measure relating to procurement covered by this Chapter, neither Party may:
a. treat a locally established supplier less favourably than another locally established supplier on the basis of degree of foreign affiliation or ownership; or
b. discriminate against a locally established supplier on the basis that the goods or services offered by that supplier for a particular procurement are goods or services of the other Party.
3. Measures Not Specific to Procurement
Paragraphs 1 and 2 do not apply to measures respecting customs duties or other charges of any kind imposed on or in connection with importation, the method of levying such duties and charges or other import regulations, including restrictions and formalities, or measures affecting trade in services other than measures specifically governing procurement covered by this Chapter.
4. Offsets An entity shall not consider, seek, or impose offsets at any stage of a procurement.
Article Kbis-03. Publication of Procurement Measures
Consistent with Article L-02 (Publication), each Party shall promptly publish:
1. its measures of general application specifically governing procurement covered by this Chapter; and
2. any changes in such measures in the same manner as the original publication.