North American Free Trade Agreement (NAFTA)

Part Five: Investment, Services and Related Matters

Chapter Sixteen: Temporary Entry for Business Persons

Article 1601: General Principles

Further to Article 102 (Objectives), this Chapter reflects 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 those 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 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 1603.

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:

3. When a Party refuses pursuant to paragraph 2 to issue an immigration document authorizing employment, it shall:

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:

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 data 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 each year to consider:

Article 1606: Dispute Settlement

1. A Party may not initiate proceedings under Article 2007 (Commission Good Offices, Conciliation and Mediation) regarding a refusal to grant temporary entry under this Chapter or a particular case arising under Article 1602(1) unless:

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.

Article 1607: Relation to Other Chapters

Except for this Chapter, Chapters One (Objectives), Two (General Definitions), Twenty (Institutional Arrangements and Dispute Settlement Procedures) and TwentyTwo (Final Provisions) and Articles 1801 (Contacts Points), 1802 (Publication), 1803 (Notification and Provision of Information) and 1804 (Administrative Proceedings), no provision of this Agreement shall impose any obligation on 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 trade in goods, the provision of services or the conduct of investment activities;

citizen means "citizen" as defined in Annex 1608 for the Parties specified in that Annex;

existing means "existing" as defined in Annex 1608 for the Parties specified in that Annex; 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.

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 Appendix 1603.A.1, without requiring that person to obtain an employment authorization, provided that the business person otherwise complies with existing immigration measures applicable to temporary entry, on presentation of:

2. Each Party shall provide that a business person may satisfy the requirements of paragraph 1(c) by demonstrating that:

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. Each Party shall grant temporary entry to a business person seeking to engage in a business activity other than those set out in Appendix 1603.A.1, without requiring that person to obtain an employment authorization, on a basis no less favorable than that provided under the existing provisions of the measures set out in Appendix 1603.A.3, provided that the business person otherwise complies with existing immigration measures applicable to temporary entry.

4. No Party may:

5. Notwithstanding paragraph 4, a Party may require a business person seeking temporary entry under this Section to obtain a visa or its equivalent prior to entry. Before imposing a visa requirement, the Party shall consult, on request, 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 consult, on request, with a Party whose business persons are subject to the requirement 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:

2. No Party may:

3. Notwithstanding paragraph 2, a Party may require a business person seeking temporary entry under this Section 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 the business person to have been employed continuously by the enterprise for one year within the threeyear period immediately preceding the date of the application for admission.

2. No Party may:

3. Notwithstanding paragraph 2, a Party may require a business person seeking temporary entry under this Section to obtain a visa or its equivalent prior to entry. Before imposing a visa requirement, the 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 consult, on request, with a Party whose business persons are subject to the requirement 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 Appendix 1603.D.1, if the business person otherwise complies with existing immigration measures applicable to temporary entry, on presentation of:

2. No Party may:

3. Notwithstanding paragraph 2, a Party may require a business person seeking temporary entry under this Section to obtain a visa or its equivalent prior to entry. Before imposing a visa requirement, the 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 consult, on request, with a Party whose business persons are subject to the requirement 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 Appendix 1603.D.4, 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 Appendix 1603.D.1, if the Parties concerned have not agreed otherwise prior to the date of entry into force of this Agreement for those Parties. In establishing such a limit, the 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:

6. Nothing in paragraph 4 or 5 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.

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.

Appendix 1603.A.1

Business Visitors

Research and Design

Growth, Manufacture and Production

Marketing

Sales

Distribution

AfterSales Service

General Service

Definitions

For purposes of this Appendix:

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.

Appendix 1603.A.3

Existing Immigration Measures

1. In the case of Canada, subsection 19(1) of the Immigration Regulations, 1978 , SOR/78172, as amended, made under the Immigration Act , R.S.C. 1985, c. I2, 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 General Demography Law ("Ley General de Población"), 1974, as amended.

Appendix 1603.D.1

Professionals
Profession Footnote 1Minimum Education Requirements and Alternative Credentials
General
AccountantBaccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A. or C.M.A.
ArchitectBaccalaureate or Licenciatura Degree; or state/provincial licenseFootnote 2
Computer Systems AnalystBaccalaureate or Licenciatura Degree; or PostSecondary Diploma Footnote 3or PostSecondary Certificate Footnote 4, 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)Baccalaureate or Licenciatura Degree, 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.
EconomistBaccalaureate or Licenciatura Degree
EngineerBaccalaureate or Licenciatura Degree; or state/provincial license
ForesterBaccalaureate or Licenciatura Degree; or state/provincial license
Graphic DesignerBaccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience
Hotel ManagerBaccalaureate or Licenciatura Degree in hotel/restaurant management; or PostSecondary Diploma or PostSecondary Certificate in hotel/restaurant management, and three years experience in hotel/restaurant management
Industrial DesignerBaccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience
Interior DesignerBaccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience
Land SurveyorBaccalaureate or Licenciatura Degree; or state/provincial/federal license
Landscape ArchitectBaccalaureate or Licenciatura Degree
Lawyer (including Notary in the Province of Quebec)LL.B., J.D., LL.L., B.C.L. or Licenciatura Degree (five years); or membership in a state/provincial bar
LibrarianM.L.S. or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite)
Management ConsultantBaccalaureate 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
Mathematician (including Statistician)Baccalaureate or Licenciatura Degree
Range Manager/Range ConservationalistBaccalaureate or Licenciatura Degree
Research Assistant (working in a post-secondary educational institution)Baccalaureate or Licenciatura Degree
Scientific Technician/TechnologistFootnote 5Possession 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 those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research
Social WorkerBaccalaureate or Licenciatura Degree
Sylviculturist (including Forestry Specialist)Baccalaureate or Licenciatura Degree
Technical Publications WriterBaccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience
Urban Planner (including Geographer)Baccalaureate or Licenciatura Degree
Vocational CounsellorBaccalaureate or Licenciatura Degree
Medical/Allied Professional
DentistD.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental; or state/provincial license
DietitianBaccalaureate or Licenciatura Degree; or state/provincial license
Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States) Footnote 6Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
NutritionistBaccalaureate or Licenciatura Degree
Occupational TherapistBaccalaureate or Licenciatura Degree; or state/provincial license
PharmacistBaccalaureate or Licenciatura Degree; or state/provincial license
Physician (teaching or research only)M.D. or Doctor en Medicina; or state/provincial license
Physiotherapist/Physical TherapistBaccalaureate or Licenciatura Degree; or state/provincial license
PsychologistState/provincial license; or Licenciatura Degree
Recreational TherapistBaccalaureate or Licenciatura Degree
Registered NurseState/provincial license; or Licenciatura Degree
VeterinarianD.V.M., D.M.V. or Doctor en Veterinaria; or state/provincial license
Scientist
Agriculturist (including Agronomist)Baccalaureate or Licenciatura Degree
Animal BreederBaccalaureate or Licenciatura Degree
Animal ScientistBaccalaureate or Licenciatura Degree
ApiculturistBaccalaureate or Licenciatura Degree
AstronomerBaccalaureate or Licenciatura Degree
BiochemistBaccalaureate or Licenciatura Degree
BiologistBaccalaureate or Licenciatura Degree
ChemistBaccalaureate or Licenciatura Degree
Dairy ScientistBaccalaureate or Licenciatura Degree
EntomologistBaccalaureate or Licenciatura Degree
EpidemiologistBaccalaureate or Licenciatura Degree
GeneticistBaccalaureate or Licenciatura Degree
GeologistBaccalaureate or Licenciatura Degree
GeochemistBaccalaureate or Licenciatura Degree
Geophysicist (including Oceanographer in Mexico and the United States)Baccalaureate or Licenciatura Degree
HorticulturistBaccalaureate or Licenciatura Degree
MeteorologistBaccalaureate or Licenciatura Degree
PharmacologistBaccalaureate or Licenciatura Degree
Physicist (including Oceanographer in Canada)Baccalaureate or Licenciatura Degree
Plant BreederBaccalaureate or Licenciatura Degree
Poultry ScientistBaccalaureate or Licenciatura Degree
Soil ScientistBaccalaureate or Licenciatura Degree
ZoologistBaccalaureate or Licenciatura Degree
Teacher
CollegeBaccalaureate or Licenciatura Degree
SeminaryBaccalaureate or Licenciatura Degree
UniversityBaccalaureate or Licenciatura Degree

Appendix 1603.D.4

United States

1. Beginning 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 Appendix 1603.D.1.

2. For purposes of paragraph 1, the United States shall not take into account:

3. Paragraphs 4 and 5 of Section D of Annex 1603 shall apply as between the United States and Mexico for no longer than:

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.

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:

Date Modified: