Definition
1. This Chapter reflects the preferential trading relationship between the Parties as well
as the mutual objective to facilitate trade in services and investment by allowing
temporary entry and stay to natural persons for business purposes and by ensuring
transparency in the process.
2. This Chapter applies to measures adopted or maintained by a Party concerning the
temporary entry and stay into its territory of key personnel, contractual services
suppliers, independent professionals and short-term business visitors. This Chapter
shall not apply to measures affecting natural persons seeking access to the
employment market of a Party, nor shall it apply to measures regarding citizenship,
residence, or employment on a permanent basis.
3. 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 nullify or impair the benefits accruing to any Party under the
terms of this Chapter. The sole fact of requiring a visa for natural persons of a certain
country and not for those of others shall not be regarded as nullifying or impairing
benefits under this Chapter.
4. To the extent that commitments are not taken in this Chapter, all other requirements
of the laws of the Parties regarding entry and stay continue to apply, including those
concerning period of stay.
5. Notwithstanding the provisions of this Chapter, all requirements of the Parties’ laws
regarding employment and social security measures shall continue to apply,
including regulations concerning minimum wages as well as collective wage
agreements.
6. This Chapter does not apply to cases where the intent or effect of the temporary entry
and stay is to interfere with or otherwise affect the outcome of a labour or
management dispute or negotiation, or the employment of natural persons who are
involved in such dispute or negotiation.