Chapter Sixteen

Temporary Entry for Business Persons

Article 1601: General Principles

Further to Article 102 (Objectives), the provisions of this

Chapter reflect the preferential trading relationship between the

Parties, the desirability of facilitating temporary entry 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.

Article 1602: General Obligations

1. Each Party shall apply its measures relating to the

provisions of this Chapter in accordance with Article 1601, and

in particular, shall apply expeditiously such measures so as to

avoid unduly impairing or delaying trade in goods or services or

conduct of investment activities under this Agreement.

2. The Parties shall endeavor to develop and adopt common

criteria, definitions and interpretations for the implementation

of this Chapter.

Article 1603: Grant of Temporary Entry

1. Each Party shall grant, in accordance with this Chapter,

including Annex 1603, temporary entry to business persons who are

otherwise qualified for entry under applicable measures relating

to public health and safety and national security.

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 in writing the Party whose business

person has been refused entry of the reasons for the

refusal.

4. Each Party shall limit any fees for processing applications

for temporary entry of business persons to the approximate cost

of services rendered.

Article 1604: Provision of Information

1. Further to Article 1802 (Publication), each Party shall:

(a) provide to the other Parties such materials as will

enable them to become acquainted with its measures

relating to the provisions of this Chapter; and

(b) not later than one year after the date of entry into

force of this Agreement, prepare, publish and make

available in its own territory, and in the territories

of the other Parties, explanatory material in a

consolidated document regarding the requirements for

temporary entry under this Chapter in such a manner as

to enable business persons of the other Parties to

become acquainted with them.

2. Subject to Annex 1604.2, each Party shall collect and

maintain, and make available to the other Parties in accordance

with its domestic law, data respecting the granting of temporary

entry under this Chapter to business persons of the other Parties

who have been issued immigration documentation, including that

specific to each occupation, profession or activity.

Article 1605: Working Group

1. The Parties hereby establish a Temporary Entry Working

Group, comprising representatives of each Party, including

immigration officials.

2. The Working Group shall meet at least once a year to

consider:

(a) the implementation and administration of this

Chapter;

(b) the development of measures to further facilitate

temporary entry of business persons on a reciprocal

basis;

(c) the waiving of labor certification tests or procedures

of similar effect for spouses of business persons who

have been granted temporary entry for more than one

year under Sections B, C, or D of Annex 1603; and

(d) proposed modifications of or additions to this

Chapter.

Article 1606: Dispute Settlement

A Party may not initiate proceedings under Article 2007

regarding a refusal to grant temporary entry under this Chapter

or a particular case arising under Article 1602(1) unless:

(a) the matter involves a pattern of practice; and

(b) the business person has exhausted available

administrative remedies regarding the particular

matter, provided that such remedies 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.

Article 1607: Relation to Other Chapters

Except for Chapter One (Objectives), Chapter Two (General

Definitions), Chapter Twenty (Institutional Arrangements and

Dispute Settlement), Chapter Twenty-Two (Final Provisions) and

Articles 1801 through 1804, no provision of any other Chapter

shall impose any obligation upon a Party regarding its

immigration measures.

Article 1608: Definitions

For purposes of this Chapter:

business person means a citizen of a Party who is engaged in the

trade in goods, the provision of services or the conduct of

investment activities;

citizen means "citizen" as defined in Annex 1608;

existing means "existing" as defined in Annex 1608; and

temporary entry means entry into the territory of a Party by a

business person of another Party without the intent to establish

permanent residence.

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ANNEX 1603

Temporary Entry for Business Persons

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 Schedule I,

without requiring that person to obtain an employment

authorization, provided that the business person otherwise

complies with existing immigration measures applicable to

temporary entry, upon presentation of:

(a) proof of citizenship 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. If the Party requires further

proof, it shall normally consider a letter from the

employer attesting to these matters as sufficient

proof.

3. Each Party shall grant temporary entry to a business person

seeking to engage in a business activity other than those set out

in Schedule I, without requiring that person to obtain an

employment authorization, on a basis no less favorable than that

provided under the existing provisions of the measure set out in

Appendix 1603.A, provided that the business person otherwise

complies with existing immigration measures applicable to

temporary entry.

4. No Party shall:

(a) as a condition for temporary entry under paragraphs 1

or 3, 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 paragraphs 1 or 3.

5. Notwithstanding paragraph 4, a Party may require a business

person seeking temporary entry under this Part to obtain a visa

or its equivalent prior to entry. Before imposing a visa

requirement, such Party shall consult with a Party whose business

persons would be affected with a view to avoiding the imposition

of the requirement. With respect to an existing visa

requirement, a Party shall, at the request of a Party whose

business persons are subject to the requirement, consult with

that Party with a view to its removal.

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 citizen and the territory of

the 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

existing immigration measures applicable to temporary entry.

2. No Party shall:

(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.

3. Notwithstanding paragraph 2, a Party may require a business

person seeking temporary entry under this Part to obtain a visa

or its equivalent prior to entry.

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

existing immigration measures applicable to temporary entry. A

Party may require that such business person shall have been

employed continuously by such enterprise for one year within the

three-year period immediately preceding the date of the

application for admission.

2. No Party shall:

(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.

3. Notwithstanding paragraph 2, a Party may require a business

person seeking temporary entry under this Part to obtain a visa

or its equivalent prior to entry. Before imposing a visa

requirement, such Party shall consult with a Party whose business

persons would be affected with a view to avoiding the imposition

of the requirement. With respect to an existing visa

requirement, a Party shall, at the request of a Party whose

business persons are subject to the requirement, consult with

that Party with a view to its removal.

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 at a professional level in a profession

set out in Schedule II, if the business person otherwise complies

with existing immigration measures applicable to temporary entry,

upon presentation of:

(a) proof of citizenship of a Party; and

(b) documentation demonstrating that the business person

will be so engaged and describing the purpose of entry.

2. No Party shall:

(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.

3. Notwithstanding paragraph 2, a Party may require a business

person seeking temporary entry under this Part to obtain a visa

or its equivalent prior to entry. Before imposing a visa

requirement, such Party shall consult with a Party whose business

persons would be affected with a view to avoiding the imposition

of the requirement. With respect to an existing visa

requirement, a Party shall, upon the request of a Party whose

business persons are subject to the requirement, consult with

that Party with a view to its removal.

4. Notwithstanding paragraphs 1 and 2, a Party may establish an

annual numerical limit, which shall be set out in Schedule III,

regarding temporary entry of business persons of another Party

seeking to engage in business activities at a professional level

in a profession set out in Schedule II, if the Parties concerned

have not agreed otherwise prior to the entry into force of this

Agreement for such Parties. In establishing such a limit, such

Party shall consult with the other Party concerned.

5. A Party establishing a numerical limit pursuant to paragraph

4, unless the Parties concerned agree otherwise:

(a) shall, for each year after the first year after the

date of entry into force of this Agreement, consider

increasing the numerical limit set out in Schedule III

by an amount to be established in consultation with the

other Party concerned, taking into account the demand

for temporary entry under this Part;

(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 such

business person to comply with its other procedures

applicable to the temporary entry of professionals; and

(c) may, in consultation with the other Party concerned,

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 such Parties.

6. Nothing in paragraphs 4 or 5 shall be construed so as 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

concerned with a view to determining a date after which the limit

shall cease to apply.

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ANNEX 1604.2

Provision of Information

The obligations under Article 1604(2) shall take effect with

respect to Mexico one year after the date of entry into force of

this Agreement.

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ANNEX 1608

Country - Specific Definitions

For purposes of this Chapter:

citizen means, with respect to Mexico, a national or a citizen

according to the existing provisions of Articles 30 and 34,

respectively, of the Mexican Constitution; and

existing means, as between:

(a) Canada and Mexico, and the United States and Mexico, in

effect upon the date of entry into force of this

Agreement; and

(b) Canada and the United States, in effect on January 1,

1989.

=============================================================================

Appendix 1603.A

Existing Immigration Measures

1. In the case of Canada, the Immigration Act, R.S.C. 1985 c.I-

2, as amended, and subsection 19(1) of the Immigration

Regulations, 1978, as amended.

2. In the case of the United States, Section 101(a)(15)(B) of

the Immigration and Nationality Act, 1952, as amended.

3. In the case of Mexico, Chapter III of the Ley General de

Poblacion, 1974, as amended.

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Schedule I

Research and Design

- Technical, scientific, and statistical researchers conducting

independent research, or research for an enterprise located in

the territory of another Party.

Growth, Manufacture and Production

- Harvester owner supervising a harvesting crew admitted under

applicable law.

- Purchasing and production management personnel conducting

commercial transactions for an enterprise located in the

territory of another Party.

Marketing

- Market researchers and analysts conducting independent research

or analysis, or research or analysis for an enterprise located in

the territory of another 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 another Party but not delivering goods or providing

services.

- Buyers purchasing for an enterprise located in the territory of

another Party.

Distribution

- Transportation operators transporting goods or passengers to

the territory of a Party from the territory of another Party or

loading and transporting goods or passengers from the territory

of a Party to the territory of another Party, with no loading and

delivery within the territory of the Party into which entry is

sought of goods located in or passengers boarding in that

territory.

- With respect to temporary entry into the territory of the

United States, Canadian customs brokers performing brokerage

duties relating to the export of goods from the territory of the

United States to or through the territory of Canada; with respect

to temporary entry into the territory of Canada, United States

customs brokers performing brokerage duties relating to the

export of goods from the territory of Canada to or through the

territory of the United States.

- Customs brokers consulting 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 such 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 Schedule II.

- Management and supervisory personnel engaging in a commercial

transaction for an enterprise located in the territory of another

Party.

- Financial services personnel (insurers, bankers or investment

brokers) engaging in commercial transactions for an enterprise

located in the territory of another Party.

- Public relations and advertising personnel consulting with

business associates, and 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 another

Party.

- Tour bus operators entering the territory of a Party:

(a) with a group of passengers on a bus tour that has begun

in, and will return to, the territory of another Party;

(b) to meet a group of passengers on a bus tour that will

end, and the predominant portion of which will take

place, in the territory of another Party; or

(c) with a group of passengers on a bus tour to be unloaded

in the territory of the Party into which temporary

entry is sought, and returning with no passengers or

reloading with such group for transportation to the

territory of another Party.

- Translators or interpreters performing services as employees of

an enterprise located in the territory of another Party.

Definitions

For purposes of this Schedule:

territory of another Party means the territory of a Party other

than the territory of the Party into which temporary entry is

sought;

tour bus operator means a natural person, including relief

personnel accompanying or following to join, necessary for the

operation of a tour bus for the duration of a trip; and

transportation operator means a natural person, other than a tour

bus operator, including relief personnel accompanying or

following to join, necessary for the operation of a vehicle for

the duration of a trip.

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Schedule II

PROFESSION

Accountant

Architect

Computer Systems Analyst

MINIMUM EDUCATION REQUIREMENTS

AND ALTERNATIVE CREDENTIALS

Baccalaureate or Licenciatura

Degree; or C.P.A., C.A.,

C.G.A., C.M.A.

Baccalaureate or Licenciatura

Degree; or state/provincial

license

Baccalaureate or Licenciatura

Degree; or Post-Secondary

Diploma or Post-Secondary

Certificate, 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)

Economist

Engineer

Forester

Graphic Designer

Hotel Manager

Industrial Designer

Interior Designer

Land Surveyor

Baccalaureate or Licenciatura

Degree, and successful

completion of training in the

appropriate areas of insurance

adjustment pertaining to

disaster relief claims; or

three years of experience in

claims adjustment, and

successful completion of

training in the appropriate

areas of insurance adjustment

pertaining to disaster relief

claims

Baccalaureate or Licenciatura

Degree

Baccalaureate or Licenciatura

Degree; or state/provincial

license

Baccalaureate or Licenciatura

Degree; or state/provincial

license

Baccalaureate or Licenciatura

Degree; or Post-Secondary

Diploma or Post-Secondary

Certificate, and three years

experience

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

Baccalaureate or Licenciatura

Degree; or Post-Secondary

Diploma or Post-Secondary

Certificate, and three years

experience

Landscape Architect

Lawyer (including Notary in

the Province of Quebec)

Librarian

Management Consultant

Mathematician

(including Statistician)

MEDICAL/ALLIED PROFESSIONAL

Dentist

Dietitian

Baccalaureate or Licenciatura

Degree

LL.B., J.D., LL.L., B.C.L., or

Licenciatura Degree (five

years); or membership in a

state/provincial bar

M.L.S. or B.L.S. (for which

another Baccalaureate or

Licenciatura Degree was a

prerequisite)

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

Baccalaureate or Licenciatura

Degree

D.D.S., D.M.D., Doctor en

Odontologia, or Doctor en

Cirugia Dental; or

state/provincial license

Baccalaureate or Licenciatura

Degree; or state/provincial

license

=============================================================================

Medical Laboratory

Technologist (Canada)/Medical

Technologist (United States

and Mexico)

Nutritionist

Occupational Therapist

Pharmacist

Physician (teaching or

research only)

Physiotherapist/Physical

Therapist

Psychologist

Recreational Therapist

Registered Nurse

Veterinarian

Research Assistant

(Working in a post-secondary

Baccalaureate or Licenciatura

Degree; or Post-Secondary

Diploma or Post-Secondary

Certificate, and three years

experience

Baccalaureate or Licenciatura

Degree

Baccalaureate or Licenciatura

Degree; or state/provincial

license

Baccalaureate or Licenciatura

Degree; or state/provincial

license

M.D. or Doctor en Medicina; or

state/provincial license

Baccalaureate or Licenciatura

Degree; or state/provincial

license

State/provincial license or

Licenciatura Degree

Baccalaureate or Licenciatura

Degree

State/provincial license or

Licenciatura Degree

D.V.M., D.M.V., or Doctor en

Veterinaria; or

state/provincial license

Range Manager/

Range Conservationalist

Research Assistant

(Working in a post-secondary

educational institution)

Scientific

Technician/Technologist

SCIENTIST

Agriculturist (including

Agronomist)

Animal Breeder

Animal Scientist

Apiculturist

Baccalaureate or Licenciatura

Degree

Baccalaureate or Licenciatura

Degree

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

such disciplines, or the

ability to apply principles of

any of such disciplines to

basic or applied research

Baccalaureate or Licenciatura

Degree

Baccalaureate or Licenciatura

Degree

Baccalaureate or Licenciatura

Degree

Astronomer

Biochemist

Biologist

Chemist

Dairy Scientist

Entomologist

Epidemiologist

Geneticist

Geologist

Geochemist

Geophysicist (including

Oceanographer in Mexico and

the United States)

Horticulturist

Meteorologist

Pharmacologist

Baccalaureate or Licenciatura

Degree

Baccalaureate or Licenciatura

Degree

Baccalaureate or Licenciatura

Degree

Baccalaureate or Licenciatura

Degree

Baccalaureate or Licenciatura

Degree

Baccalaureate or Licenciatura

Degree

Baccalaureate or Licenciatura

Degree

Baccalaureate or Licenciatura

Degree

Baccalaureate or Licenciatura

Degree

Baccalaureate or Licenciatura

Degree

Baccalaureate or Licenciatura

Degree

Baccalaureate or Licenciatura

Degree

Pharmacologist

Physicist (including

Oceanographer in Canada)

Plant Breeder

Poultry Scientist

Soil Scientist

Zoologist

Social Worker

Sylviculturist

(including Forestry

Specialist)

TEACHER

College

Seminary

University

Baccalaureate or Licenciatura

Degree

Baccalaureate or Licenciatura

Degree

Baccalaureate or Licenciatura

Degree

Baccalaureate or Licenciatura

Degree

Baccalaureate or Licenciatura

Degree

Baccalaureate or Licenciatura

Degree

Baccalaureate or Licenciatura

Degree

Baccalaureate or Licenciatura

Degree

Baccalaureate or Licenciatura

Degree

Baccalaureate or Licenciatura

Degree

Baccalaureate or Licenciatura

Degree

=============================================================================

Technical Publications Writer

Urban Planner

(including Geographer)

Vocational Counsellor

Baccalaureate or Licenciatura

Degree; or Post-Secondary

Diploma or Post-Secondary

Certificate, and three years

experience

Baccalaureate or Licenciatura

Degree

Baccalaureate or Licenciatura

Degree

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Schedule III

United States of America

1. Commencing on the date of entry into force of this Agreement

as between the United States and Mexico, the United States shall

annually approve as many as 5,500 initial petitions of business

persons of Mexico seeking temporary entry under Section D of

Annex 1603 to engage in a business activity at a professional

level in a profession set out in Schedule II.

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 amended,

including the worldwide numerical limit established by

Section 214(g)(1)(A) of such Act; or

(d) an admission under any other provision of Section

101(a)(15) of such Act relating to the entry of

professionals.

3. Paragraphs 4 and 5 of Section D of Annex 1603 shall apply as

between the United States and Mexico for no longer than:

(a) the period that such paragraphs or similar provisions

may apply as between the United States and any other

Party or non-Party; or

(b) 10 years after the date of entry into force of this

Agreement as between such Parties,

whichever period is shorter.