Temporary Entry of Business Persons. Article 11.1
Temporary Entry of Business Persons. Article 11.1 : Definitions 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.
Temporary Entry of Business Persons. Article 1201.
Temporary Entry of Business Persons. Section A – Business Visitors
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. 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
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.
