1. Further to Article 1.2 (Objectives), this Chapter reflects the preferential
trading relationship between the Parties, the mutual desire of the Parties to
facilitate temporary entry of business persons under the provisions of Annex
14.3 on a reciprocal basis and of establishing transparent criteria and
procedures for temporary entry, and the need to ensure border security and to
protect the domestic labor force and permanent employment in their respective
territories.
2. This Chapter does not apply to measures regarding citizenship, nationality,
permanent residence, or employment on a permanent basis.
1. Each Party shall apply its measures relating to the provisions of this
Chapter in accordance with Article 14.1(1) and, in particular, shall apply
expeditiously those measures so as to avoid unduly impairing or delaying trade
in goods or services or conduct of investment activities under this Agreement.
2. For greater certainty, nothing in this Chapter shall be construed to 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 unduly impair or delay trade in goods or services or conduct of
investment activities under this Agreement. The sole fact of requiring a visa
for natural persons shall not be regarded as unduly impairing or delaying trade
in goods or services or conduct of investment activities under this Agreement.
1. Each Party shall grant temporary entry to business persons who are
otherwise qualified for entry under applicable measures relating to
public health and safety and national security, in accordance with this
Chapter, including the provisions of Annex 14.3.
2. A Party may
refuse to issue an immigration document authorizing employment to a
business person where the temporary entry of that person might affect
adversely:
(a) the settlement of any labor dispute that is in progress at
the place or intended place of employment; or
(b) the
employment of any person who is involved in such dispute.
3. When a Party refuses pursuant to paragraph 2 to issue an
immigration document authorizing employment, it shall:
(a) inform in writing the business person of the reasons for the
refusal; and (b) promptly notify the other Party in writing of
the reasons for the refusal.
4. Each Party shall limit any fees for processing applications for
temporary entry of business persons in a manner consistent with Article
14.2(1).
1. Further to Article 20.2 (Publication), each Party shall:
(a) provide to the other Party such materials as will enable it
to become acquainted with its measures relating to this Chapter; and
(b) no later than six months after the date of entry into force
of this Agreement, prepare, publish, and make available in its own
territory, and in the territory of the other Party, explanatory
material, including references to applicable laws and regulations,
in a consolidated document regarding the requirements for temporary
entry under this Chapter in such a manner as will enable business
persons of the other Party to become acquainted with them.
2. Each Party shall collect and maintain, and make available upon
request to the other Party in accordance with its domestic law, data
respecting the granting of temporary entry under this Chapter to
business persons of the other Party who have been issued immigration
documentation, with a view towards including data specific to each
occupation, profession, or activity.
1. The Parties hereby establish a Committee on Temporary Entry,
comprising representatives of each Party, including immigration
officials.
2. The Committee shall:
(a) establish a schedule for its meetings;
(b) establish
procedures to exchange information on measures that affect the
temporary entry of business persons under this Chapter;
(c)
consider the development of measures to further facilitate temporary
entry of business persons on a reciprocal basis under the provisions
of Annex 14.3;
(d) consider the implementation and
administration of this Chapter; and
(e) consider the
development of common criteria and interpretations for the
implementation of this Chapter.
1. A Party may not initiate proceedings under Article 22.5
(Commission – Good Offices, Conciliation, and Mediation) regarding a
refusal to grant temporary entry under this Chapter or a particular case
arising under Article 14.2 unless:
(a) the matter involves a pattern of practice; and (b) the
business person has exhausted the available administrative remedies
regarding the particular matter.
2. The remedies referred to in paragraph (1)(b) shall be deemed to be
exhausted if a final determination in the matter has not been issued by
the competent authority within one year of the institution of an
administrative proceeding, and the failure to issue a determination is
not attributable to delay caused by the business person.
1. Except for this Chapter, Chapters One (Initial Provisions, Two
(General Definitions), Twenty-One (Administration of the Agreement),
Twenty-Two (Dispute Settlement), and Twenty-Four (Final Provisions), and
Articles 20.1 (Contact Points), 20.2 (Publication), 20.3 (Notification
and Provision of Information), and 20.4 (Administrative Proceedings), no
provision of this Agreement shall impose any obligation on a Party
regarding its immigration measures.
2. Nothing in this Chapter shall be construed to impose obligations or
commitments with respect to other Chapters of this Agreement.
Article 14.8: Transparency in Development
and Application of Regulations1
1 For greater certainty, “regulations”
includes regulations establishing or applying to licensing
authorization or criteria |
1. Further to Chapter Twenty (Transparency), each Party shall establish
or maintain appropriate mechanisms to respond to inquiries from
interested persons regarding regulations relating to the temporary entry
of business persons.
2. Further to Article 20.2 (Publication), to the extent possible, each
Party shall, on request, provide to interested persons a concise
statement addressing comments received on proposed regulations relating
to the temporary entry of business persons at the time that it adopts
the final regulations.
3. Further to Article 20.2 (Publication), to the extent possible, each
Party shall allow a reasonable period of time between the date it
publishes final regulations governing entry of business persons and the
date they take effect.
4. Each Party shall, within a reasonable period after an application
requesting temporary entry is considered complete under its domestic
laws and regulations, inform the applicant of the decision concerning
the application. At the request of the applicant, the Party shall
provide, without undue delay, information concerning the status of the
application.
For purposes of this Chapter:
business person means a national of a Party who is engaged in trade in
goods, the supply of services, or the conduct of investment activities;
immigration measure means any law, regulation, or procedure affecting
the entry and sojourn of aliens;
national has the same meaning as the term “natural person who has the
nationality of a Party” as defined in Annex 2.1 (Country-Specific
Definitions);
professional means a national of a Party who is engaged in a specialty
occupation requiring:
(a) theoretical and practical application of a body of specialized
knowledge, and
(b) attainment of a post-secondary degree in the specialty requiring
four or more years of study2 (or the equivalent of such a degree) as a
minimum for entry into the occupation; and
temporary entry means entry into the territory of a Party by a business
person of the other Party without the intent to establish permanent
residence.
Section
A – Business Visitors
1. Each Party shall grant temporary entry to a business person seeking
to engage in a business activity set out in Appendix 14.3(A)(1), without
requiring that person to obtain an employment authorization, provided
that the business person otherwise complies with immigration measures
applicable to temporary entry, on presentation of:
(a) proof of nationality of a Party;
(b) documentation demonstrating that the business person will be so
engaged and describing the purpose of entry; and
(c) evidence demonstrating that the proposed business activity is
international in scope and that the business person is not seeking to
enter the local labor market.
2. Each Party shall provide that a business person may satisfy the
requirements of paragraph 1(c) by demonstrating that:
(a) the primary source of remuneration for the proposed business
activity is outside the territory of the Party granting temporary entry;
and
(b) the business person’s principal place of business and the actual
place of accrual of profits, at least predominantly, remain outside such
territory.
A Party shall normally accept an oral declaration as to the principal
place of business and the actual place of accrual of profits. Where the
Party requires further proof, it shall normally consider a letter from
the employer attesting to these matters as sufficient proof.
3. Neither Party may:
(a) as a condition for temporary entry under paragraph 1, require prior
approval procedures, petitions, labor certification tests, or other
procedures of similar effect; or
(b) impose or maintain any numerical restriction relating to temporary
entry under paragraph 1.
Section B
– Traders and Investors
1. Each Party shall grant temporary entry and provide confirming
documentation to a business person seeking to:
(a) carry on substantial trade in goods or services principally between
the territory of the Party of which the business person is a national
and the territory of the other Party into which entry is sought, or
(b) establish, 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, provided that the
business person otherwise complies with immigration measures applicable
to temporary entry.
2. Neither Party may:
(a) as a condition for temporary entry under paragraph 1, require labor
certification tests or other procedures of similar effect; or
(b) impose or maintain any numerical restriction relating to temporary
entry under paragraph 1.
Section C – Intra-Company Transferees
1. Each Party shall grant temporary entry and provide confirming
documentation to a business person employed by an enterprise who seeks
to render services to that enterprise or a subsidiary or affiliate
thereof, in a capacity that is managerial, executive, or involves
specialized knowledge, provided that the business person otherwise
complies with immigration measures applicable to temporary entry.
A Party may require the business person to have been employed
continuously by the enterprise for one year within the three-year period
immediately preceding the date of the application for admission.
2. Neither Party may:
(a) as a condition for temporary entry under paragraph 1, require labor
certification tests or other procedures of similar effect; or
(b) impose or maintain any numerical restriction relating to temporary
entry under paragraph 1.
Section D – Professionals
1. Each Party shall grant temporary entry and provide confirming
documentation to a business person seeking to engage in a business
activity as a professional, or to perform training functions related to
a particular profession, including conducting seminars, if the business
person otherwise complies with immigration measures applicable to
temporary entry, on presentation of:
(a) proof of nationality of a Party;
(b) documentation demonstrating that the business person will be so
engaged and describing the purpose of entry; and
(c) documentation demonstrating the attainment of the relevant minimum
educational requirements or alternative credentials.
2. Notwithstanding the educational requirements set out in the
definition of “professional” in Article 14.9, each Party shall grant
temporary entry to a business person seeking to engage in a business
activity as a professional in a profession set out in Appendix
14.3(D)(2), provided that the business person possesses the credentials
specified in the Appendix and complies with the requirements of
paragraph 1 of this Section.
3. To assist in the implementation of this Chapter, the Parties shall
exchange by the date of entry into force of this Agreement illustrative
lists of professions that meet the definition of professional. To
facilitate the evaluation of applications for temporary entry, the
Parties shall also exchange information on post-secondary education.
4. Neither Party may:
(a) as a condition for temporary entry under paragraph 1, require prior
approval procedures, petitions, labor certification tests, or other
procedures of similar effect; or
(b) impose or maintain any numerical restriction relating to temporary
entry under paragraph 1.
5. Notwithstanding paragraph 4(a), a Party may require a business person
seeking temporary entry under this Section to comply with procedures
applicable to temporary entry of professionals, such as an attestation
of compliance with the Party’s labor and immigration laws.
6. Notwithstanding paragraphs 1 and 4, a Party may establish an annual
numerical limit, which shall be set out in Appendix 14.3(D)(6),
regarding temporary entry of business persons of the other Party seeking
to engage in business activities as a professional.
7. A Party establishing a numerical limit pursuant to paragraph 6,
unless the Parties otherwise agree, 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.
8. Nothing in paragraphs 6 or 7 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.
Appendix 14.3(A)(1)
Business Visitors
Meetings and Consultations
-Business persons attending meetings, seminars, or conferences; or
engaged in consultations with business associates.
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
– 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 14.3(D)(2)
Profession
Minimum Education Requirements and Alternative Credentials
Disaster Relief Claims Adjuster:
Baccalaureate or Licenciatura degree, or Titulo Profesional, 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.
Management Consultant
Baccalaureate or Licenciatura degree, or Titulo Profesional. If the
degree is in a discipline not related to the area of the consulting
agreement, then equivalent professional experience as established by
statement or professional credential attesting to three years experience
in a field or specialty related to the consulting agreement is required.
Agricultural Manager
Baccalaureate or Licenciatura degree; or Titulo Profesional; or
post-secondary certificate1 requiring three years of study in the
specialty and three years experience in the specialty.
1 Post-secondary certificate means a certificate issued on completion of
post-secondary study, by an institution recognized by the Government of
Chile, or accredited by the relevant competent authority in the United
States.
Physical Therapist
Baccalaureate or Licenciatura degree; or Titulo Profesional; or
post-secondary certificate requiring three years of study in the
specialty and three years experience in the specialty.
Appendix 14.3(D)(6)
United States 1. Beginning on the date of entry into force of this Agreement, the
United States shall annually approve as many as 1,400 initial
applications of business persons of Chile seeking temporary entry under
Section D of Annex 14.3 to engage in a business activity at a
professional level.
2. For purposes of paragraph 1, the United States shall not take into
account:
(a) the renewal of a period of temporary entry;
(b) the entry of a spouse or children accompanying or following to join
the principal business person;
(c) an admission under section 101(a)(15)(H)(i)(b) of the Immigration
and Nationality Act, 1952, as may be amended, including the worldwide
numerical limit established by section 214(g)(1)(A) of that Act; or
(d) an admission under any other provision of section 101(a)(15) of that
Act relating to the entry of professionals.
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