Provisions on Trade in Services in Trade and Integration Agreements
in the Western Hemisphere

The Agreement shall not apply to measures affecting natural persons seeking access to the employment market of a Member, nor shall it apply to measures regarding citizenship, residence or employment on a permanent basis.

The Agreement shall not prevent a Member from applying measures to regulate the entry of natural persons into, or their temporary staying, its territory, including those necessary to protect the integrity of, and to ensure the orderly movement of natural persons across, its borders.

NAFTA
Chapter Twelve, Article 1201: Scope and Coverage (Paragraph 3)
Nothing in this Chapter (Cross-Border Trade in Services) shall be construed to impose any obligation on a Party with respect to a national of another Party seeking access to its employment market, or employed on a permanent basis in its territory, or to confer any right on that national with respect to that access or employment.

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: 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.

The Parties shall endeavor to develop and adopt common criteria, definitions and interpretations for the implementation of this Chapter.

Article 1605: Working Group
The Parties hereby establish a Temporary Entry Working Group, comprising representatives of each Party, including immigration officials.
The Working Group shall meet at least once a year.

Group of Three
Chapter X, Article 10-02: Application Scope (Paragraph 3)
Nothing in this Chapter (General Principles on Trade in Services) shall be construed to impose any obligation on a Party with respect to a national of another Party seeking access to its employment market, or employed on a permanent basis in its territory, or to confer any right on that national with respect to that access or employment.
Chapter XIII: Temporary Entry for Business Persons
Article 13-02: General Principles
The provisions of this Chapter reflect 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 13-03: General Obligations
Each Party shall apply its measures relating to the provisions of this Chapter in accordance with Article 13-02 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.

The Parties shall endeavor to develop and adopt common criteria, definitions and interpretations for the implementation of this Chapter.

Article 13-06: Working Group
The Parties hereby establish a Temporary Entry Working Group, comprising representatives of each Party, including immigration officials.
The Working Group shall meet at least once a year.

CACM
Not Specified.

CARICOM
Annex: The Caribbean Common Market; Chapter V: Establishment, Services and Movement of Capital

Article 38: Saving in Respect of Movement of Persons
Nothing in this Treaty shall be construed as requiring, or imposing any obligation on, a Member State to grant freedom of movement to persons into its territory whether or not such persons are nationals of other Member States of the Common Market.

Andean Community
Chapter IV, Article 12
The Member Countries shall facilitate the free movement and temporary presence of natural persons, as well as of the employees of companies supplying services of the other Member Countries, with respect to activities that are within the scope of the present General Framework, in conformity with what was agreed in the Andean Council of Ministers of Foreign Relations on this subject.

Central America/Dominican Republic
Chapter X, Article 10-03: Scope of Application (Paragraph 3) Nothing in this Chapter (General Principles on Trade in Services) shall be construed to impose any obligation on a Party with respect to a national of another Party seeking access to its employment market, or employed on a permanent basis in its territory, or to confer any right on that national with respect to that access or employment. Chapter XI: Temporary Entry for Business Persons Article 11-02: General Principles The provisions of this Chapter reflect the preferential trading relationship between the Parties, the desirability of facilitating temporary entry of business persons and the need to establish transparent criteria and procedures for temporary entry. And the provisions also reflect the need to ensure border security and to protect the domestic labor force and permanent employment in their respective territories. Article 11-03: General Obligations Each Party shall apply its measures relating to the provisions of this Chapter in accordance with Article 11-02 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 Treaty. The Parties shall endeavor to develop and adopt common criteria, definitions and interpretations for the implementation of this Chapter. Each Party may modify its migratory measures and always where those modifications do not alter the commitments contracted in this chapter. Article 11-06: Working Group The Parties hereby establish a Temporary Entry Working Group, comprising representatives of each Party, including immigration officials. The Working Group shall meet at the latest six months after the entry into force of this Treaty and at least once a year.

Mercosur
Part V. Final provisions. Article XXV Annexes The annexes to the present Protocol are an integral part of it.

Sectoral Annexes to the Protocol of Montevideo Annex on the Movement of Natural Persons Supplying Services

1. This annex applies to measures affecting natural persons who are service suppliers of a State Party, and to natural persons of a State Party who are employed by a service supplier of a State Party, in connection with the provision of a service.

2. The Protocol shall not apply to measures affecting natural persons seeking to access the labor market of a State Party, nor shall it apply to measures regarding citizenship, residence or employment on a permanent basis.

3. In accordance with Parts II and III of the Protocol, the States Parties shall be able to negotiate specific commitments applicable to the movement of all categories of natural persons who provide services within the framework of the Protocol. Natural persons covered by a specific obligation shall be allowed to provide the service involved in accordance with the terms of that obligation.

4. The Protocol shall not prevent a State Party from enforcing measures to regulate the entry or temporary stay of natural persons in its territory, including measures necessary to protect the integrity of its borders and guarantee the orderly movement of natural persons across such borders, provided that these measures are not applied in such a manner as to nullify or infringe on the advantages to a State party resulting from the terms of a specific obligation.

5. In order to regulate a given labor-related situation that affects natural persons supplying services of a State Party or natural persons of a State Party who are employed by a service provider of a State Party, the applicable law shall be that of the place where the service contract is executed.

Bolivia/Mercosur
Not Specified.

Chile/Mercosur
Not Specified.

Chile/Mexico
Chapter X, Article 10-02: Scope of Application (Paragraph 4)
Nothing in this Chapter (Cross-border Trade in Services) shall be construed to impose any obligation on a Party with respect to a national of another Party seeking access to its employment market, or employed on a permanent basis in its territory, or to confer any right on that national with respect to that access or employment.

Chapter XIII: Temporary Entry for Business Persons
Article 13-02: General Principles
The provisions of this Chapter reflect 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. Also the provisions reflect the need to ensure border security and to protect the domestic labor force and permanent employment in their respective territories.

Article 13-03: General Obligations
Each Party shall apply its measures relating to the provisions of this Chapter in accordance with Article 13-02 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.

The Parties shall endeavor to develop and adopt common criteria, definitions and interpretations for the implementation of this Chapter.

Article 13-06: Working Group
The Parties hereby establish a Temporary Entry Working Group, comprising representatives of each Party, including immigration officials, in order to consider the implementation and administration of this chapter and of any measure mutually interested.
The Working Group shall meet at least once a year.

Chile/Canada
Chapter H, Article H-01
Nothing in this Chapter shall be construed to:
(a) impose any obligation on a Party with respect to a national of the other Party seeking access to its employment market, or employed on a permanent basis in its territory, or to confer any right on that national with respect to that access or employment;

Chapter K: Temporary Entry of Business Persons Article K-08: Definitions
business person means a citizen of a Party who is engaged in trade in goods, the provisions of services or the conduct of investment activities; 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.

Article K-01: General Principles
Further to Article A-02 (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 K-02: General Obligations
Each Party shall apply its measures relating to the provisions of this Chapter in accordance with Article K-01 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.

Article K-05: Working Group
The Parties hereby establish a Temporary Entry Working Group, comprising representatives of each Party, including immigration officials, to consider the implementation and administration of this Chapter and any measures of mutual interest.

Mexico/Nicaragua
Chapter X, Article 10-02: Scope of Application (Paragraph 4)
Nothing in this Chapter (General Principles on Trade in Services) shall be construed to impose any obligation on a Party with respect to a national of another Party seeking access to its employment market, or employed on a permanent basis in its territory, or to confer any right on that national with respect to that access or employment.

Chapter XII: Temporary Entry for Business Persons
Article 12-02: General Principles
The provisions of this Chapter reflect 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 provisions also reflect the need to ensure border security and to protect the domestic labor force and permanent employment in their respective territories.

Article 12-03: General Obligations
Each Party shall apply its measures relating to the provisions of this Chapter in accordance with Article 12-02 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.

The Parties shall endeavor to develop and adopt common criteria, definitions and interpretations for the implementation of this Chapter.

Article 12-06: Working Group
The Parties hereby establish a Temporary Entry Working Group, comprising representatives of each Party, including immigration officials.

The Working Group shall meet at least once a year.

Mexico/Bolivia
Chapter XI: Temporary Entry of Business Persons
Article 11-01: Definitions
Temporary entry: the entry of one Party's business person in the territory of another Party, with no intention of establishing permanent residence;
national: Annex to Article 11-01: a) in respect to Bolivia, a national according to provisions of articles 36 to 39 of the Bolivian Constitution; and b) in respect to Mexico, a national according to current provisions of article 30 of the Mexican Constitution;
business person: the national of a Party who participates in the trade of goods or services supply, or in investment activities;

Article 11-02: General Principles
The provisions to this chapter reflect the preferential commercial relation among the Parties, the convenience to facilitate the temporary entry of business persons according to the principle of reciprocity and the necessity to establish transparent criteria and procedures for such tasks. Notwithstanding, they reflect the need to guarantee the security of the borders and to protect the labor of their nationals and permanent employment in their respective territories.

Article 11-03: General Obligations
Each Party will apply the measures related to this chapter in conformity with article 11-02 and in such a way to avoid delays or losses to the trade in goods and services, or to the investment activities contained in this Treaty.

The Parties will seek to develop and adopt common criteria, definitions and interpretations for the application of this chapter.

Article 11-06: Working Group
The Parties establish a Temporary Entry Working Group , formed by their representatives, including delegates working with migration. The Working Group will examine the application and management of this chapter, the elaboration of measures to better facilitate the temporary entry of business persons according to the principle of reciprocity, and the suggestions of modifications and additions to this chapter.

Mexico/Costa Rica
Chapter X: Temporary Entry of Business Persons
Article 10-01: Definitions
Labor certification: the procedure carried out by the competent administrative authority in order to determine if a foreign individual from another Party, who intends to temporarily enter the territory of a Party, will displace national labor in the same field or will significantly damage the labor conditions in that field;
Temporary entry: the entry of one Party's business person into the territory of another Party, with no intention of establishing permanent residence;
migration measure: any measure, in the form of a law, regulation, rule, procedure, decision or administrative provision or requirement, on migration;
National: Annex to Article 10-01: in respect to Mexico, a national or citizen according to current provisions of article 30 of the Mexican Constitution; in respect to Costa Rica, a national or citizen according to the provisions of the articles 13 to 18 of its Constitution;
business person: the national of a Party who participates in the trade of goods or services supply, or in investment activities;

Article 10-02: General Principles
The provisions to this chapter reflect the preferential commercial relation among the Parties, the convenience to facilitate the temporary entry of business persons according to the principle of reciprocity and the necessity to establish transparent criteria and procedures for such tasks. Notwithstanding, they reflect the need to guarantee the security of the borders and to protect the labor of their nationals and permanent employment in their respective territories.

Article 10-03: General Obligations
Each Party will apply the measures related to this chapter in conformity with article 10-02 and in such a way to avoid delays or losses to the trade in goods and services, or to the investment activities contained in this Treaty.

The Parties will seek to develop and adopt common criteria, definitions and interpretations for the application of this chapter.

Article 10-06: Temporary Entry Committee
The Parties establish a Temporary Entry Committee, formed by their representatives, including delegates working with migration. The Committee will examine the application and management of this chapter, the elaboration of measures to better facilitate the temporary entry of business persons according to the principle of reciprocity, and the suggestions of modifications and additions to this chapter.