Definition
1. In accordance with Annex 10-E, each Party shall allow the temporary entry and stay
of contractual services suppliers of the other Party, subject to the following
conditions:
(a) the natural persons must be engaged in the supply of a service on a temporary
basis as employee of an enterprise which has obtained a service contract for a
period not exceeding 12 months. If the service contract is longer than 12
months, the commitments in this Chapter only apply for the initial 12 months
of the contract;
(b) the natural persons entering the territory of the other Party must be offering
those services as an employee of the enterprise supplying the services for at
least the year immediately preceding the date of submission of an application
for entry into the territory of the other Party and must possess, at the date of the
submission, at least three years of professional experience in the sector of
activity that is the subject of the contract;
(c) the natural persons entering the territory of the other Party must possess,
(i) a university degree or a qualification demonstrating knowledge of an
equivalent level; and
(ii) professional qualifications, if this is required to practice an activity
pursuant to the law, regulations, or requirements of the Party where the
service is supplied;
(d) the natural persons must not receive remuneration for the provision of services
other than the remuneration paid by the enterprise employing the contractual
services suppliers during their stay in the territory of the other Party;
(e) the temporary entry and stay accorded under this Article relate only to the
supply of a service which is the subject of the contract. Entitlement to utilise
the professional title of the Party where the service is provided may be granted,
as required, by the relevant authority as defined in Article 11.1 (Definitions),
through a Mutual Recognition Agreement (“MRA”) or otherwise; and
(f) the service contract must comply with the laws, regulations, and other legal
requirements of the Party where the contract is executed.
2. In accordance with Annex 10-E, each Party shall allow the temporary entry and stay
of independent professionals of the other Party, subject to the following conditions:
(a) the natural persons must be engaged in the supply of a service on a temporary
basis as self-employed persons established in the other Party and must have
obtained a service contract for a period not exceeding 12 months. If the service
contract is longer than 12 months, the commitments in this Chapter shall only
apply for the initial 12 months of the contract;
(b) the natural persons entering the territory of the other Party must possess, at the
date of submission of an application for entry into the other Party, at least six
years professional experience in the sector of activity which is the subject of
the contract;
(c) the natural persons entering the territory of the other Party must possess,
(i) a university degree or a qualification demonstrating knowledge of an
equivalent level; and
(ii) professional qualifications, if this is required to practice an activity
pursuant to the laws, or requirements of the Party where the service is
supplied;
(d) the temporary entry and stay accorded under the provisions of this Article
relate only to the supply of a service which is the subject of the contract.
Entitlement to utilise the professional title of the Party where the service is
provided may be granted, as required, by the relevant authority as defined in
Article 11.1 (Definitions), through an MRA or otherwise; and
(e) the service contract must comply with the laws and other legal requirements of
the Party where the contract is executed.
3. Unless otherwise specified in Annex 10-E, a Party shall not adopt or maintain a
limitation on the total number of contractual services suppliers and independent
professionals of the other Party allowed temporary entry, in the form of numerical
restrictions or an economic needs test.
4. The length of stay of contractual services supplier or independent professionals is for
a cumulative period of not more than 12 months, with extensions possible at the discretion of the Party, in any 24 month period or for the duration of the contract,
whichever is less.