d.
Finally, this proposed model schedule addresses exclusively the temporary entry of
natural persons. Similar to GATS' Annex on Movement of Natural Persons
Supplying Services Under the Agreement , the model schedule does not cover
permanent residency or nationality.
II. Market Access and National Treatment
Note: To be applied in the Horizontal Commitments section of a party's schedule.
A.
The following provisions apply to two categories of persons entering countries on a
temporary basis:
1.
Short term, intra company visits. This category covers: (1) Employees of a
subsidiary or branch of a company or a partnership or its affiliate in another
country, and who enter that country for short periods of stay, up to 365 days, to
provide assistance and advice to its foreign office, or otherwise directly provide a
service to a foreign client; and (2) Employees of a company or partnership who
are sent to its office in another country for training in business techniques or
methods.
2.
Short term visits to fulfill contracts. Persons who are employees of a foreign
based company or partnership, who travel to another country for short periods of
stay, up to 365 days, in order to perform a service pursuant to a contract between
their employer and a foreign client located in a country where the employer does
not have an affiliate office, and where remuneration must be paid solely to the
employer.
B.
Conditions and Qualifications.
1. Visas and work permits will be subject to the laws and regulations that apply to
the temporary entry of natural persons in the host country, subject to the
provisions specified below.
2. A special permit, entitled a Permit , can be obtained by nationals of the country
from another country, when the applicant falls under the categories listed under
(A) above.
a.
For employees falling under Category 1 and Category 2 above, the Permit will
be extended strictly to personnel with requisite qualifications to fill a
professional level position, or a position that requires unique and specialized
knowledge of the company or firm's technology or operations on the basis of
technical training or extensive experience in working with the enterprise.
Employees should be responsible either for management of operations, or
provision of services at a level of
complexity and specialty that require, at a
minimum, a university degree, or demonstrated experience.
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