(iv) develop, administer or provide advice or key technical services to the operation of an investment to which the business person or the business person's enterprise has committed, or is in the process of committing, a substantial amount of capital, in a capacity that is supervisory, executive or involves essential skills; and
(g) "short-term business visitors" means natural persons who are seeking entry and temporary stay into the territory of the other Party, who are not engaged in making direct sales to the general public, who do not receive remuneration from a source located within the host Party and who are:
(i) "business sellers", meaning short-term business visitors who are representatives of a supplier of services or goods of a Party for the purposes of negotiating the sale of services or goods, or entering into agreements to sell services or goods for that supplier, 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 other Party and a consumer in that territory, and are not commission agents;
(ii) "installers and maintainers", meaning, in respect of the entry and temporary stay in the European Union, short-term business visitors possessing specialised knowledge essential to a seller's or lessor's contractual obligations, performing services or training personnel to perform services, pursuant to a warranty or other service contract incidental to the sale or lease of commercial or industrial equipment or machinery, including computer and related services, purchased or leased from an enterprise located outside the territory of the European Union, throughout the duration of the warranty or service contract and, in respect of the entry and temporary stay in Mexico, short-term business visitors that provide specialised services, including after-sale or after-lease services, previously agreed or as referred to in a contract of transfer of technology, patent and trademark, for the sale of machinery and equipment, technical training of personnel or any other production process for an established enterprise in Mexico; or
(iii) "other short-term business visitors", meaning, for Mexico, short-term visitors that attend business administration meetings, conferences or trade fairs and perform management or executive duties in an enterprise or its subsidiaries or affiliates that are established in Mexico.
ARTICLE 12.2
Objectives, Scope and General Provisions
1. This Chapter reflects the Parties' desire of facilitating the entry and temporary stay of natural persons of a Party into the territory of the other Party for business purposes and the need to establish transparent criteria for this purpose.
2. This Chapter applies to measures directly relating to the entry and temporary stay of natural persons of a Party into the territory of the other Party for business purposes that are business visitors for investment purposes, intra-corporate transferees, investors, business sellers, contractual service suppliers and independent professionals.
3. This Chapter does not apply to measures affecting natural persons seeking access to the employment market of a Party, nor to measures regarding citizenship or nationality, residence or employment on a permanent basis.
4. Nothing in this Agreement 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 the other Party under 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.
5. Each Party shall apply the measures covered by this Chapter expeditiously in order to avoid delays or undue damages in trade in goods or services, or in investment activities under this Agreement.
6. The Parties shall endeavour to develop and adopt common criteria and common interpretations for the implementation of this Chapter.
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.