Temporary Entry of Business Persons. A rticle 11.1: D efinitions For purposes of this Chapter: Business person means a national of a Party who is engaged in trade in goods, the provision of services or the conduct of investment activities; Immigration measure means any law, regulation, or procedure affecting the entry and sojourn of aliens, including the issuance of immigration documents authorizing employment to an alien; 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. A rticle 11.2: G eneral P rinciples
1. This Chapter reflects the preferential trading relationship between the Parties, the Parties mutual desire to facilitate temporary entry on a comparable 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 shall not apply to measures regarding citizenship, permanent residence, or employment on a permanent basis. A rticle 11.3: G eneral O bligations
1. Each Party shall apply its measures relating to the provisions of this Chapter in accordance with Article 11.2 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 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, or other document authorizing employment to a business person, 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. A rticle 11.4: G rant of T emporary E ntry
1. Each Party shall grant temporary entry to business persons listed in Annex 11A who are otherwise qualified for entry under applicable measures relating to public health and safety and national security, in accordance with this Chapter.
2. A Party may refuse to issue an immigra...
Temporary Entry of Business Persons. In view of the preferential trading relationship between the Parties, the Parties will facilitate temporary entry on a reciprocal basis for business persons who are otherwise qualified for entry under applicable measures of the Parties relating to public health, safety and national security and governed by the principles established in the General Agreement on Trade in Services, Annex 1B of the WTO Agreement, in particular the Annex on Movement of Natural Persons Supplying Services under the Agreement. CONSULTATIONS
Temporary Entry of Business Persons. Article 1201.
Temporary Entry of Business Persons. Definitions For purposes of this Chapter:
Temporary Entry of Business Persons. The Parties agree that on entry into force of the Agreement they will apply the provisions of the Annex on Temporary Entry of Business Persons attached to this Protocol as Attachment VI, and which shall be Annex IV to the Agreement.
Temporary Entry of Business Persons. The agreement includes a high quality chapter on Temporary Entry of Business Persons aimed at facilitating the movement of business persons engaged in trade and investment and establishing streamlined and transparent procedures for applications made by business persons. There is a requirement that applications for immigration formalities are processed expeditiously and that within fifteen working days of making an application for temporary entry, business persons must be either information of a decision, or informed when a decision will be made. Any fees imposed for the processing of an immigration formality must be reasonable and based on the approximate cost of services rendered. Each party under ANZTEC makes specific commitments relating to the movement of business persons. Chinese Taipei’s schedule contains commitments that go beyond its commitments it GATS. The schedule contains the following commitments on the temporary entry and duration of stay for particular categories of business persons on the following basis: Business visitors for a period not exceeding 90 days; Intra-corporate transferees for a period of initial stay up to a maximum of three years that may be renewed for one-year periods indefinitely; Installers or servicers for a period not exceeding 90 days; and Independent professionals, subject to economic needs tests, for a period not exceeding one year. These commitments on independent professionals are not included in Chinese Taipei’s GATS commitments or in any of its existing trade agreements. Chinese Taipei also provided a specific exemption for New Zealand lawyers to provide “fly in, fly out” services for periods of less than 30 days when entering Chinese Taipei as an independent professional. ANZTEC obliges Chinese Taipei to publish all relevant information about its immigration requirements in respect of the categories of business persons covered by its schedules of commitments. Any changes to these regulations must be published promptly.
Temporary Entry of Business Persons. There is a requirement that applications for immigration formalities are processed expeditiously and that within fifteen working days of making an application for temporary entry, business persons must be either information of a decision, or informed when a decision will be made. Any fees imposed for the processing of an immigration formality must be reasonable and based on the approximate cost of services rendered. Each party under ANZTEC makes specific commitments relating to the movement of business persons. New Zealand’s schedule is consistent with current New Zealand policy settings and contains the following commitments on the temporary entry and duration of stay for particular categories of business persons on the following basis: Business visitors for a period not exceeding in aggregate three months in any calendar year; Intra-corporate transferees for a period of initial stay up to a maximum of three years for senior managers (provided they have been employed by their employer for at least 12 months prior to their proposed transfer to New Zealand) and specialists; Installers or servicers for periods not exceeding three months in any 12-month period; and Independent professionals, subject to economic needs tests, for a period up to a maximum of twelve months. New Zealand's commitments for independent professionals cover a significantly broader range of services sectors than its GATS commitments.
Temporary Entry of Business Persons. With limited e<ceptions, each Party agrees to grant the temporary entry of business persons listed in Xxxx< 14.3, although visas or other documents may be required. Measures governing temporary entry are to be applied e<peditiously using transparent criteria to avoid impairing or delaying trade in goods or services. The general transparency requirements for the adoption of regulations and the establishment of points of contact which are contained in other chapters apply to this chapter as well. Parties are required to make timely decisions on applications for temporary entry and inform applicants of the status of the application. Prior to entry into force of the FTA, the Parties agree to provide each other information on procedures relating to processing applications so the other Party may become acquainted with those requirements. The Parties agree within si< months after entry to publish e<planatory materials for business persons in a consolidated document. The Parties will also establish a ”Committee on Temporary Entry” to meet, e<change information, develop facilitation measures, monitor implementation of the chapter, and provide data to the other Party upon request. In the case of temporary entry of business persons, dispute settlements under Chapter 20 are limited to matters involving a pattern or practice and the business person has e<hausted all available administrative remedies or more than one year has passed without a final determination in an administrative proceeding, and the delay is not attributable to the business person. Pursuant to Xxxx< 13.3, each Party is to grant temporary entry to the business persons without work authorization if they are otherwise qualified. Temporary entry is to be granted to the following categories of business persons: • Business visitors • Traders and Investors; • Intra-company transfers of persons who are managerial, e<ecutive, or who have specialised knowledge. A Party may require one year employment within the past three years in these categories; and, • Professionals (and training for professionals) who possess the requisite credentials for their profession. The U.S. has agreed to allow 1,400 initial applications in this category.
Temporary Entry of Business Persons. Article 131:. General Principles
1. Further to article 1.2 (objectives), this chapter reflects the preferential trading relationship between the parties; facilitate the mutual goal of the temporary entry of business persons under the provisions of annex 13.3, on a reciprocal basis and of establishing transparent criteria and procedures for temporary entry. It also reflects the need to ensure border security and to protect the domestic labour force and permanent employment in their respective territories.
Temporary Entry of Business Persons. 1. For purposes of this chapter: Business activities: activities legitimate commercial nature established and operated in order to gain market. Does not include the possibility of obtaining employment and wages or remuneration from a source of employment in the territory of a party; Labour: the certification procedure conducted by the competent administrative authority to determine whether a national of a party who seeks temporary entry to the territory of another party, displaces domestic labour force in the same sector or significantly affects the working conditions; Temporary entry means business entry by a person of a Party in the territory of the other party without the intent to establish permanent residence or final; National: a national "" as defined in article 2.01, but does not include a permanent residents or final; National business means a person who is engaged in trade in goods or services or investment activities; and Recurrent practice: a practice carried out by the immigration authorities in the form of a Party representative repetitive during a period immediately preceding and the implementation of the same.
2. For purposes of Annex 7.04: Executive functions: those functions within an organization under which the business person is primarily the following responsibilities:
a) The direct management of the organization or a component or function within it;
