7. Each Party shall allow the entry and temporary stay for business purposes of natural persons of the other Party who comply with the immigration laws and regulations of the former Party applicable to the entry and temporary stay, in accordance with this Chapter, including the provisions of Annexes I, II, III, IV, V and VI.
8. A Party may, in accordance with its laws and regulations and on a non-discriminatory basis, derogate from its commitments on entry and temporary stay set out in its Annexes IV and V in cases where the entry and temporary stay of a natural person of another Party might adversely affect:
(a) the settlement of a collective labour dispute that is in progress at the place or intended place of employment; or
(b) the employment of any person who is involved in that dispute.
Article 12.3. Obligations In other Chapters
1. This Chapter does not impose any obligation on a Party regarding its immigration measures, except as specifically provided herein.
2. Without prejudice to any decision to allow entry and temporary stay to a natural person of the other Party in accordance with this Chapter, including the length of stay permissible pursuant to any such decision:
(a) the obligations of Articles 10.6, 10.7, 10.9 and 10.10, subject to Articles 10.5, 10.12, 18.2 and 18.12, to the extent that the measure affects the treatment of natural persons for business purposes present in the territory of the other Party, are hereby incorporated into and made part of this Chapter and apply to measures affecting treatment of natural persons for business purposes present in the territory of the other Party under the categories of business visitors for investment purposes, intra‑corporate transferees and, for Mexico, investors, as defined in Article 12.1 of this Chapter; and
(b) the obligations of Articles 11.4, 11.5 and 11.6, subject to Articles 11.2.2, 11.8, 18.2 and 18.12, to the extent that the measure affects the treatment of natural persons for business purposes present in the territory of the other Party, are hereby incorporated into and made part of this Chapter and apply to the measures affecting treatment of natural persons for business purposes present in the territory of the other Party under the categories of contractual service suppliers and, for the European Union, independent professionals, for all sectors listed in Annex V and short-term business visitors, in accordance with Annex IV.
3. For greater certainty, paragraph 2 applies to the measures affecting the treatment of natural persons present in the territory of the other Party for business purposes and falling within the relevant categories and who are supplying financial services, as defined in Article 18.1. 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.
Article 12.4. Business Visitors for Investment Purposes, Intra-corporate Transferees and Investors
1. Subject to Article 10.5, each Party shall allow the entry and temporary stay in its territory of business visitors for investment purposes and intra-corporate transferees of the other Party in accordance with Annex IV.
2. Subject to Article 10.5, Mexico shall allow the entry and temporary stay in its territory of investors in accordance with Annex IV.
3. A Party shall not adopt or maintain limitations on the total number of natural persons that are allowed entry and temporary stay in accordance with paragraphs 1 and 2, in a specific sector or sub‑sector, in the form of numerical quotas or the requirement of an economic needs test either on the basis of a regional subdivision or on the basis of its entire territory.
4. The permissible length of stay shall be: (63)
(a) for the European Union, up to three years for managers or executives and specialists, up to one year for trainee employees, and up to 90 days within any six-month period for business visitors for investment purposes; and
(b) for Mexico, one year which may be extended three times, for one year each time, for intra-corporate transferees and investors, and up to 180 days for business visitors for investment purposes.
5. The Parties shall grant family members of intra-corporate transferees treatment in accordance with Annex 12-A.
Article 12.5. Short Term Business Visitors
Subject to Article 11.2 and Annex IV, a Party shall:
(a) allow the entry and temporary stay of short term business visitors;
(b) not adopt or maintain limitations on the total number of short term business visitors in a specific sector in the form of numerical quotas either on the basis of a regional subdivision or on the basis of its entire territory; and
(c) not adopt or maintain economic needs tests for short term business visitors.
Article 12.6. Contractual Service Suppliers
1. Each Party shall allow the entry and temporary stay in its territory of contractual service suppliers of the other Party in accordance with Annex V.
2. Unless otherwise specified in Annex V, a Party shall not adopt or maintain limitations on the total number of contractual service suppliers of the other Party allowed entry and temporary stay, in the form of numerical quotas or the requirement of an economic needs test.
Article 12.7. Independent Professionals
1. The European Union shall allow the entry and temporary stay in its territory of independent professionals of Mexico in accordance with Annex V.
2. Unless otherwise specified in Annex V, the European Union shall not adopt or maintain limitations on the total number of independent professionals of Mexico allowed entry and temporary stay, in the form of numerical quotas or the requirement of an economic needs test.
Article 12.8. Transparency
1. Each Party shall make publicly available information on the requirements and procedures for entry and temporary stay, including relevant forms and documents, and explanatory materials that will enable interested persons of the other Party to become acquainted with applicable requirements and procedures.
2. The information referred to in paragraph 1 shall include, if applicable, information on the following:
(a) categories of visa, permits or any similar type of authorisation regarding 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 indicative processing time;
(e) maximum period of stay under each type of authorisation described in subparagraph (a);
(f) conditions for any available extensions or renewal;
(g) rules regarding accompanying dependents;
(h) available review or appeal procedures; and
(i) relevant laws of general application pertaining to the entry and temporary stay of natural persons.
Article 12.9. Dispute Settlement
A Party shall not have recourse to dispute settlement under Chapter 31 regarding a refusal to grant entry and temporary stay under this Chapter unless the matter involves a pattern of practice.
Chapter 13. DOMESTIC REGULATION
Article 13.1. Scope
1. This Chapter applies to measures adopted or maintained by a Party relating to licensing and qualification requirements and procedures, as well as technical standards (64), affecting trade in services or the pursuit of any other economic activity with respect to which a Party has undertaken a commitment pursuant to Articles 10.6, 10.7, 11.4, 11.6, subject to any terms, limitations, conditions or qualifications as set out in its schedule pursuant to Articles 10.12 and 11.8.
2. Notwithstanding paragraph 1, Article 13.6 applies to measures adopted or maintained by a Party relating to licensing and qualification requirements and procedures, as well as technical standards, affecting trade in services or the pursuit of any other economic activity.
3. This Chapter does not apply to measures adopted or maintained by a Party covered under Chapter 18.
Article 13.2. Development of Measures
A Party that adopts or maintains measures relating to licensing requirements and procedures, qualification requirements and procedures, shall:
(a) ensure that those measures are based on objective and transparent criteria; (65)
(b) ensure that the competent authority reaches and administers its decisions in an independent manner;
(c) ensure that the procedures do not in themselves unduly prevent the fulfilment of any requirements;
(d) ensure that the procedures are impartial and adequate for applicants to demonstrate whether they meet the requirements, if any; and
(e) not require an applicant, to the extent practicable, to approach more than one competent authority for each application for authorisation. (66)
Article 13.3. Administration of Measures
If authorisation is required for the supply of a service or the pursuit of any other economic activity, the competent authorities of a Party shall:
(a) permit an applicant, to the extent practicable, to submit an application at any time;
(b) allow a reasonable period of time for the submission of an application if specific time periods for applications exist;
(c) schedule examinations at reasonably frequent intervals, if examinations are required, and provide a reasonable period of time for an applicant to request to take the examination;
(d) endeavour to accept applications in electronic format, taking into account their competing priorities and resource constraints;
(e) accept copies of documents authenticated in accordance with the Party's domestic law, in place of original documents, unless they require original documents to protect the integrity of the authorisation process;
(f) ensure that the authorisation fees (67) charged by the competent authorities are reasonable and transparent and do not in themselves restrict the supply of the relevant service or the pursuit of any other economic activity;
(g) provide, to the extent practicable, an indicative timeframe for processing of an application;
(h) ascertain without undue delay, to the extent practicable, the completeness of an application for processing under the law of the Party;
(i) if an application is considered complete for processing under the law of the Party, ensure that the processing of the application is finalised and that the applicant is informed of the decision within a reasonable period of time after the submission of the application, to the extent possible in writing; (68)
(j) provide at the request of the applicant and without undue delay information concerning the status of the application;
(k) if an application is considered incomplete for processing under the law of the Party, within a reasonable period of time and to the extent practicable:
(i) inform the applicant that the application is incomplete;
(ii) provide, at the request of the applicant, guidance on why the application is considered incomplete;
(iii) provide the applicant with the opportunity (69) to submit the additional information that is required to complete the application; and
(iv) where none of the above is practicable, and the application is rejected due to incompleteness, ensure that the applicant is informed within a reasonable period of time;
(l) if an application is rejected, inform the applicant, to the extent possible, either on their own initiative or on request of the applicant, of the reasons for rejection and, where applicable, the procedures for resubmission of an application; and
(m) ensure that authorisation, once granted, enters into effect without undue delay subject to the applicable terms and conditions.
Article 13.4. Limited Numbers of Licences
1. If the number of licences available for a given activity is limited because of the scarcity of available natural resources or technical capacity, a Party shall apply a selection procedure to potential candidates which provides full guarantees of impartiality and transparency, including, in particular, adequate publicity about the launch, conduct and completion of the procedure.
2. In establishing the rules for the selection procedure, a Party may take into account legitimate policy objectives, including considerations of health, safety, consumer protection, competition, the protection of the environment and the preservation of cultural heritage.
Article 13.5. 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 designated to develop technical standards to do so through open and transparent processes.
Article 13.6. Transparency
A Party that requires authorisation for the supply of a service or the pursuit of any other economic activity shall provide the information necessary for service suppliers or persons seeking to supply a service and persons pursuing or seeking to pursue any other economic activity to comply with the requirements and procedures for obtaining, maintaining, amending and renewing that authorisation. That information shall include, where it exists:
(a) authorisation fees;
(b) contact information of relevant competent authorities;
(c) procedures for appeal or review of decisions concerning applications;
(d) procedures for monitoring or enforcing compliance with the terms and conditions of licenses;
(e) opportunities for public involvement, such as through hearings or comments;
(f) indicative timeframes for the processing of an application;
(g) requirements and procedures; and
(h) applicable technical standards.
Article 13.7. Review
Following the entry into force of additional disciplines developed in accordance with paragraph 4 of Article VI of GATS, the Parties shall review those disciplines. If the review concludes that those disciplines would improve this Agreement, the Parties shall determine whether they should be incorporated into this Agreement.
Chapter 14. MUTUAL RECOGNITION OF PROFESSIONAL QUALIFICATIONS
Article 14.1. General Provisions
1. Nothing in this Chapter shall prevent a Party from requiring that natural persons possess the necessary qualifications or professional experience specified in the territory where the service is supplied, for the sector of activity concerned.
2. Each Party shall encourage the relevant professional bodies or authorities, as appropriate, in its respective territories to develop and provide joint recommendations on mutual recognition of professional qualifications, to the Sub-Committee on Services and Investment established pursuant to Article 1.10.
3. The joint recommendations referred to in paragraph 2 shall be supported by evidence of:
(a) the economic value of an envisaged agreement on mutual recognition of professional qualifications (hereinafter referred to as "Mutual Recognition Agreement"); and
(b) the compatibility of the respective regimes, that is, the extent to which the criteria applied by each Party for the authorisation and licensing are compatible.
4. The Sub-Committee shall review any joint recommendation within a reasonable period of time after its receipt.
5. If the joint recommendation is consistent with this Agreement, the Parties shall take the necessary steps to negotiate a Mutual Recognition Agreement, if appropriate through their competent authorities or designees authorised by a Party. If appropriate, the Joint Council may adopt the arrangements for the mutual recognition of professional qualification by decision.
6. When negotiating mutual recognition agreements or when developing joint recommendations, the Parties or the relevant professional bodies or authorities, respectively, are encouraged to follow the Guidelines for the negotiation of a Mutual Recognition Agreement set out in Annex 14-A.
Chapter 15. DELIVERY SERVICES
Article 15.1. Definitions
For the purposes of this Chapter:
(a) "delivery services" means postal and courier or express services, which include the collection, sorting, transport and delivery of postal items;
(b) "express delivery services" means the collection, sorting, transport and delivery of postal items at accelerated speed and enhanced reliability that may include value added elements such as collection from point of origin, personal delivery to the addressee, tracing, possibility of changing the destination and addressee in transit or confirmation of receipt;
(c) "express mail services" means international express delivery services supplied through a voluntary association of designated postal operators under Universal Postal Union (UPU) such as the EMS Cooperative;
(d) "license" means an authorisation granted to an individual supplier by a regulatory authority setting out procedures, obligations and requirements specific to the delivery services sector;
(e) "postal item" means an item weighing up to 31.5 kg addressed in the final form in which it is to be carried by any type of supplier of delivery service, whether public or private, and that may include items such as a letter, parcel, newspaper and catalogue;
(f) "postal monopoly" means the exclusive right to supply specified delivery services within the territory of a Party, pursuant to the law of that Party; and
(g) "universal service" means the permanent provision of a delivery service of a specified quality pursuant to the law of a Party at all points in the territory of that Party at affordable prices for all users.
Article 15.2. Objective
This Chapter sets out the principles of the regulatory framework specific for all delivery services.
Article 15.3. Universal Service
1. Each Party has the right to define the kind of universal service obligation it wishes to adopt or maintain and shall administer that obligation in a transparent, non-discriminatory and neutral manner with regard to all suppliers which are subject to the obligation.
2. If a Party requires inbound express mail services to be supplied on a universal service basis, it shall not accord preferential treatment to this service over other international express delivery services.
Article 15.4. Universal Service Funding
1. A Party shall not impose fees or other charges on the supply of a non-universal delivery service for the purpose of funding the supply of a universal service.
2. Paragraph 1 does not apply to generally applicable taxation measures or administrative fees.
Article 15.5. Prevention of Market Distortive Practices
Each Party shall ensure that a supplier of delivery services subject to a universal service obligation or a postal monopoly does not engage in distortive practices for the market such as:
(a) using revenues derived from the supply of such service to cross-subsidise the supply of an express delivery service or any non-universal delivery service; and
(b) unjustifiably differentiating among customers such as businesses, large volume mailers or consolidators with respect to tariffs or other terms and conditions for the supply of a delivery service which is subject to a universal service obligation or a postal monopoly.
Article 15.6. Licenses
1. A Party requiring a license for the provision of delivery services shall make publicly available:
(a) all licensing requirements and the period of time required to reach a decision concerning an application for a license; and
(b) the terms and conditions of licenses.
2. The procedures, obligations and requirements of a license shall be transparent, non-discriminatory and based on objective criteria.
3. A Party shall ensure that the applicant is informed of the reasons for denial of a license in writing.
Article 15.7. Independence of the Regulatory Body
1. Each Party shall establish or maintain regulatory bodies which shall be legally distinct and functionally independent from any supplier of delivery services. A Party retaining ownership or control of enterprises providing delivery services shall ensure effective structural separation of the regulatory function from activities associated with ownership or control.
2. Each Party shall ensure that the regulatory bodies referred to in paragraph 1 perform their tasks in a transparent and timely manner, and that they have adequate financial and human resources to carry out the tasks assigned to them.
3. The decisions of and the procedures used by the regulatory body shall be impartial with respect to all market participants.
Chapter 16. TELECOMMUNICATIONS SERVICES
Article 16.1. Definitions
For the purposes of this Chapter:
(a) "associated facilities" means services, physical infrastructures and other facilities associated with a telecommunications network or service which enable or support the provision of services via that network or service or have the potential to do so;
(b) "end user" means a final consumer of, or subscriber to, a public telecommunications service, including a service supplier other than a supplier of public telecommunications services;
(c) "essential facilities" means facilities of a public telecommunications network or service that:
(i) are exclusively or predominantly provided by a single or limited number of suppliers; and
(ii) cannot feasibly be economically or technically substituted in order to provide a service;
(d) "interconnection" means linking the public telecommunications networks of suppliers providing public telecommunications services in order to allow the users of one supplier to communicate with users of another supplier and to access services provided by any supplier that is either involved or has access to the network;
(e) "intra-corporate communications" means telecommunications through which an enterprise communicates within the enterprise or with or among its subsidiaries, branches and, subject to the law of the Party concerned, affiliates, but does not include commercial or non-commercial services that are supplied to enterprises that are not related subsidiaries, branches or affiliates, or that are offered to customers or potential customers; (1)