Temporary entry chapter summary
The ability of business persons to cross borders to enter other markets is a key facilitator of trade and investment activities. Temporary entry commitments in the original NAFTA have supported North American economic growth and development through the facilitation of labour mobility for certain highly-skilled business persons. Temporary entry commitments ensure that investors can see their investments first-hand, and get a feel for the local environment. Similarly, service suppliers have greater certainty that they will be able to enter the market to fulfill contracts on-site.
Temporary entry provisions in free trade agreements eliminate many barriers encountered at the border in order to facilitate business travel or relocation on a temporary basis for specific categories of business persons. These barriers, such as economic needs tests and quotas, can negatively affect the ability of Canadian enterprises and individuals to do business abroad, and their removal helps them to expand and thrive in a global marketplace.
The modernized temporary entry chapter maintains the market access commitments negotiated under the original agreement. This means that workers and businesses of all three Canada-United States-Mexico Agreement (CUSMA) parties will continue to benefit from the same preferential treatment enjoyed since 1994. Beyond market access, the chapter has been updated to provide greater certainty and clarity around the application of temporary entry provisions, and refreshes the mandate of the temporary entry working group to include broader issues related to the temporary entry of business persons, such as the processing of electronic-applications.
Technical summary of negotiated outcomes: Temporary entry
- Maintains the existing, reciprocal market access commitments covering four categories of business persons:
- Business Visitors;
- Intra-Company Transferees; and
- CUSMA builds on the original NAFTA disciplines with key changes aimed at improving clarity and certainty around the application of the temporary entry provisions, including:
- A new scope article that clarifies the applicability of the temporary entry chapter, for example by carving out measures regarding citizenship, nationality, residence, or employment on a permanent basis.
- A new provision clarifying that temporary entry commitments do not exempt a business person from any licensing or qualification requirements; and
- Expanded mandate for the Temporary Entry Working Group.
- Canada retains full discretion regarding visa or immigration policy, and to take measures to protect health, safety and national security.
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