Title:Temporary Entry for Business Persons -- Chapter Sixteen
Author: White House
Document-Date: 29 Sept 1993
Content-Type: text/plain; CHARSET=US-ASCII
Content-Length:49258                                    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 
 
            1.   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. 
 
            2.   The Parties shall endeavor to develop and adopt common 
            criteria, definitions and interpretations for the 
            implementation of this Chapter. 
 
 
            Article 1603:   Grant of Temporary Entry  
 
            1.   Each Party shall grant temporary entry to business persons 
            who are otherwise qualified for entry under applicable measures 
            relating to public health and safety and national security, in 
            accordance with this Chapter, including the provisions of Annex 
            1603. 
 
            2.   A Party may refuse to issue an immigration document 
            authorizing employment to a business person where the temporary 
            entry of that person might affect adversely: 
 
                 (a)  the settlement of any labor dispute that is in 
                      progress at the place or intended place of 
                      employment; or 
 
                 (b)  the employment of any person who is involved in such 
                      dispute. 
 
            3.   When a Party refuses pursuant to paragraph 2 to issue an 
            immigration document authorizing employment, it shall: 
 
 
                                          16-1  
 
 
 
 
 
 
  
 
 
 
 
 
                 (a)  inform in writing the business person of the reasons 
                      for the refusal; and  
 
                 (b)  promptly notify in writing the Party whose business 
                      person has been refused entry of the reasons for the 
                      refusal. 
 
            4.   Each Party shall limit any fees for processing 
            applications for temporary entry of business persons to the 
            approximate cost of services rendered. 
 
 
            Article 1604:   Provision of Information 
 
            1.   Further to Article 1802 (Publication), each Party shall: 
 
                 (a)  provide to the other Parties such materials as will 
                      enable them to become acquainted with its measures 
                      relating to this Chapter; and 
 
                 (b)  no later than one year after the date of entry into 
                      force of this Agreement, prepare, publish and make 
                      available in its own territory, and in the 
                      territories of the other Parties, explanatory 
                      material in a consolidated document regarding the 
                      requirements for temporary entry under this Chapter 
                      in such a manner as will enable business persons of 
                      the other Parties to become acquainted with them. 
 
            2.   Subject to Annex 1604.2, each Party shall collect and 
            maintain, and make available to the other Parties in accordance 
            with its domestic law, data respecting the granting of 
            temporary entry under this Chapter to business persons of the 
            other Parties who have been issued immigration documentation, 
            including data specific to each occupation, profession or 
            activity.   
 
 
            Article 1605:   Working Group 
 
            1.   The Parties hereby establish a Temporary Entry Working 
            Group, comprising representatives of each Party, including 
            immigration officials.   
 
            2.   The Working Group shall meet at least once each year to 
            consider: 
 
                 (a)  the implementation and administration of this 
                      Chapter;  
 
 
 
 
                                          16-2  
 
 
 
 
 
 
  
 
 
 
 
 
                 (b)  the development of measures to further facilitate 
                      temporary entry of business persons on a reciprocal 
                      basis;  
 
                 (c)  the waiving of labor certification tests or 
                      procedures of similar effect for spouses of business 
                      persons who have been granted temporary entry for 
                      more than one year under Section B, C or D of Annex 
                      1603; and 
 
                 (d)  proposed modifications of or additions to this 
                      Chapter. 
 
 
            Article 1606:   Dispute Settlement 
 
            1.   A Party may not initiate proceedings under Article 2007 
            (Commission - Good Offices, Conciliation and Mediation) 
            regarding a refusal to grant temporary entry under this Chapter 
            or a particular case arising under Article 1602(1) unless: 
 
                 (a)  the matter involves a pattern of practice; and 
 
                 (b)  the business person has exhausted the available 
                      administrative remedies regarding the particular 
                      matter. 
 
            2.   The remedies referred to in paragraph (1)(b) shall be 
            deemed to be exhausted if a final determination in the matter 
            has not been issued by the competent authority within one year 
            of the institution of an administrative proceeding, and the 
            failure to issue a determination is not attributable to delay 
            caused by the business person. 
 
 
            Article 1607:   Relation to Other Chapters 
 
                 Except for this Chapter, Chapters One (Objectives), Two 
            (General Definitions), Twenty (Institutional Arrangements and 
            Dispute Settlement Procedures) and Twenty-Two (Final 
            Provisions) and Articles 1801 (Contacts Points), 1802 
            (Publication), 1803 (Notification and Provision of Information) 
            and 1804 (Administrative Proceedings), no provision of this 
            Agreement shall impose any obligation on a Party regarding its 
            immigration measures. 
 
 
 
 
 
 
 
 
                                          16-3  
 
 
 
 
 
 
  
 
 
 
 
 
            Article 1608:   Definitions 
 
            For purposes of this Chapter: 
 
            business person means a citizen of a Party who is engaged in 
            trade in goods, the provision of services or the conduct of 
            investment activities;  
 
            citizen means "citizen" as defined in Annex 1608 for the 
            Parties specified in that Annex; 
 
            existing means "existing" as defined in Annex 1608 for the 
            Parties specified in that Annex; and 
 
            temporary entry means entry into the territory of a Party by a 
            business person of another Party without the intent to 
            establish permanent residence. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                          16-4  
 
 
 
 
 
 
  
 
 
 
 
 
                                                                 Annex 1603 
 
 
                                       Annex 1603 
 
                          Temporary Entry for Business Persons 
 
 
                             Section A - Business Visitors 
 
            1.   Each Party shall grant temporary entry to a business 
            person seeking to engage in a business activity set out in 
            Appendix 1603.A.1, without requiring that person to obtain an 
            employment authorization, provided that the business person 
            otherwise complies with existing immigration measures 
            applicable to temporary entry, on presentation of: 
 
                 (a)  proof of citizenship of a Party; 
 
                 (b)  documentation demonstrating that the business person 
                      will be so engaged and describing the purpose of 
                      entry; and 
 
                 (c)  evidence demonstrating that the proposed business 
                      activity is international in scope and that the 
                      business person is not seeking to enter the local 
                      labor market. 
 
            2.   Each Party shall provide that a business person may 
            satisfy the requirements of paragraph 1(c) by demonstrating 
            that: 
 
                 (a)  the primary source of remuneration for the proposed 
                      business activity is outside the territory of the 
                      Party granting temporary entry; and 
 
                 (b)  the business person's principal place of business and 
                      the actual place of accrual of profits, at least 
                      predominantly, remain outside such territory. 
 
            A Party shall normally accept an oral declaration as to the 
            principal place of business and the actual place of accrual of 
            profits.  Where the Party requires further proof, it shall 
            normally consider a letter from the employer attesting to these 
            matters as sufficient proof. 
 
            3.   Each Party shall grant temporary entry to a business 
            person seeking to engage in a business activity other than 
            those set out in Appendix 1603.A.1, without requiring that 
            person to obtain an employment authorization, on a basis no 
            less favorable than that provided under the existing provisions 
 
 
                                          16-5  
 
 
 
 
 
 
  
 
 
 
 
 
                                                                 Annex 1603 
 
 
            of the measures set out in Appendix 1603.A.3, provided that the 
            business person otherwise complies with existing immigration 
            measures applicable to temporary entry. 
 
            4.   No Party may: 
 
                 (a)  as a condition for temporary entry under paragraph 1 
                      or 3, require prior approval procedures, petitions, 
                      labor certification tests or other procedures of 
                      similar effect; or 
 
                 (b)  impose or maintain any numerical restriction relating 
                      to temporary entry under paragraph 1 or 3. 
 
            5.   Notwithstanding paragraph 4, a Party may require a 
            business person seeking temporary entry under this Section to 
            obtain a visa or its equivalent prior to entry.  Before 
            imposing a visa requirement, the Party shall consult, on 
            request, with a Party whose business persons would be affected 
            with a view to avoiding the imposition of the requirement.  
            With respect to an existing visa requirement, a Party shall 
            consult, on request, with a Party whose business persons are 
            subject to the requirement with a view to its removal. 
 
 
                           Section B - Traders and Investors 
 
            1.   Each Party shall grant temporary entry and provide 
            confirming documentation to a business person seeking to: 
 
                 (a)  carry on substantial trade in goods or services 
                      principally between the territory of the Party of 
                      which the business person is a citizen and the 
                      territory of the Party into which entry is sought, or 
 
                 (b)  establish, develop, administer or provide advice or 
                      key technical services to the operation of an 
                      investment to which the business person or the 
                      business person's enterprise has committed, or is in 
                      the process of committing, a substantial amount of 
                      capital, in a capacity that is supervisory, executive 
                      or involves essential skills,  
 
            provided that the business person otherwise complies with 
            existing immigration measures applicable to temporary entry. 
 
            2.   No Party may: 
 
 
 
                                          16-6  
 
 
 
 
 
 
  
 
 
 
 
 
                                                                 Annex 1603 
 
 
                 (a)  as a condition for temporary entry under paragraph 1, 
                      require labor certification tests or other procedures 
                      of similar effect; or 
 
                 (b)  impose or maintain any numerical restriction relating 
                      to temporary entry under paragraph 1. 
 
            3.   Notwithstanding paragraph 2, a Party may require a 
            business person seeking temporary entry under this Section to 
            obtain a visa or its equivalent prior to entry.   
 
 
                         Section C - Intra-Company Transferees 
 
            1.   Each Party shall grant temporary entry and provide 
            confirming documentation to a business person employed by an 
            enterprise who seeks to render services to that enterprise or a 
            subsidiary or affiliate thereof, in a capacity that is 
            managerial, executive or involves specialized knowledge, 
            provided that the business person otherwise complies with 
            existing immigration measures applicable to temporary entry.  A 
            Party may require the business person to have been employed 
            continuously by the enterprise for one year within the three- 
            year period immediately preceding the date of the application 
            for admission. 
 
            2.   No Party may: 
 
                 (a)  as a condition for temporary entry under paragraph 1, 
                      require labor certification tests or other procedures 
                      of similar effect; or 
 
                 (b)  impose or maintain any numerical restriction relating 
                      to temporary entry under paragraph 1. 
 
            3.   Notwithstanding paragraph 2, a Party may require a 
            business person seeking temporary entry under this Section to 
            obtain a visa or its equivalent prior to entry.  Before 
            imposing a visa requirement, the Party shall consult with a 
            Party whose business persons would be affected with a view to 
            avoiding the imposition of the requirement.  With respect to an 
            existing visa requirement, a Party shall consult, on request, 
            with a Party whose business persons are subject to the 
            requirement with a view to its removal. 
 
 
                               Section D - Professionals 
 
 
 
                                          16-7  
 
 
 
 
 
 
  
 
 
 
 
 
                                                                 Annex 1603 
 
 
            1.   Each Party shall grant temporary entry and provide 
            confirming documentation to a business person seeking to engage 
            in a business activity at a professional level in a profession 
            set out in Appendix 1603.D.1, if the business person otherwise 
            complies with existing immigration measures applicable to 
            temporary entry, on presentation of: 
 
                 (a)  proof of citizenship of a Party; and  
 
                 (b)  documentation demonstrating that the business person 
                      will be so engaged and describing the purpose of 
                      entry. 
 
            2.   No Party may: 
 
                 (a)  as a condition for temporary entry under paragraph 1, 
                      require prior approval procedures, petitions, labor 
                      certification tests or other procedures of similar 
                      effect; or 
 
                 (b)  impose or maintain any numerical restriction relating 
                      to temporary entry under paragraph 1. 
 
            3.   Notwithstanding paragraph 2, a Party may require a 
            business person seeking temporary entry under this Section to 
            obtain a visa or its equivalent prior to entry.  Before 
            imposing a visa requirement, the Party shall consult with a 
            Party whose business persons would be affected with a view to 
            avoiding the imposition of the requirement.  With respect to an 
            existing visa requirement, a Party shall consult, on request, 
            with a Party whose business persons are subject to the 
            requirement with a view to its removal. 
 
            4.   Notwithstanding paragraphs 1 and 2, a Party may establish 
            an annual numerical limit, which shall be set out in Appendix 
            1603.D.4, regarding temporary entry of business persons of 
            another Party seeking to engage in business activities at a 
            professional level in a profession set out in Appendix 
            1603.D.1, if the Parties concerned have not agreed otherwise 
            prior to the date of entry into force of this Agreement for 
            those Parties.  In establishing such a limit, the Party shall 
            consult with the other Party concerned. 
 
            5.   A Party establishing a numerical limit pursuant to 
            paragraph 4, unless the Parties concerned agree otherwise: 
 
                 (a)  shall, for each year after the first year after the 
                      date of entry into force of this Agreement, consider 
 
 
                                          16-8  
 
 
 
 
 
 
  
 
 
 
 
 
                                                                 Annex 1603 
 
 
                      increasing the numerical limit set out in Appendix 
                      1603.D.4 by an amount to be established in 
                      consultation with the other Party concerned, taking 
                      into account the demand for temporary entry under 
                      this Section; 
 
                 (b)  shall not apply its procedures established pursuant 
                      to paragraph 1 to the temporary entry of a business 
                      person subject to the numerical limit, but may 
                      require the business person to comply with its other 
                      procedures applicable to the temporary entry of 
                      professionals; and 
 
                 (c)  may, in consultation with the other Party concerned, 
                      grant temporary entry under paragraph 1 to a business 
                      person who practices in a profession where 
                      accreditation, licensing, and certification 
                      requirements are mutually recognized by those 
                      Parties. 
 
            6.   Nothing in paragraph 4 or 5 shall be construed to limit 
            the ability of a business person to seek temporary entry under 
            a Party's applicable immigration measures relating to the entry 
            of professionals other than those adopted or maintained 
            pursuant to paragraph 1. 
 
            7.   Three years after a Party establishes a numerical limit 
            pursuant to paragraph 4, it shall consult with the other Party 
            concerned with a view to determining a date after which the 
            limit shall cease to apply.   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                          16-9  
 
 
 
 
 
 
  
 
 
 
 
 
                                                                 Annex 1603 
 
 
                                   Appendix 1603.A.1 
 
                                   Business Visitors 
 
            Research and Design 
 
            -    Technical, scientific and statistical researchers 
                 conducting independent research or research for an 
                 enterprise located in the territory of another Party. 
 
 
            Growth, Manufacture and Production 
 
            -    Harvester owner supervising a harvesting crew admitted 
                 under applicable law. 
 
            -    Purchasing and production management personnel conducting 
                 commercial transactions for an enterprise located in the 
                 territory of another Party. 
 
 
            Marketing 
 
            -    Market researchers and analysts conducting independent 
                 research or analysis or research or analysis for an 
                 enterprise located in the territory of another Party. 
 
            -    Trade fair and promotional personnel attending a trade 
                 convention. 
 
 
            Sales 
 
            -    Sales representatives and agents taking orders or 
                 negotiating contracts for goods or services for an 
                 enterprise located in the territory of another Party but 
                 not delivering goods or providing services. 
 
            -    Buyers purchasing for an enterprise located in the 
                 territory of another Party. 
 
 
            Distribution 
 
            -    Transportation operators transporting goods or passengers 
                 to the territory of a Party from the territory of another 
                 Party or loading and transporting goods or passengers from 
 
 
 
                                         16-10  
 
 
 
 
 
 
  
 
 
 
 
 
                                                                 Annex 1603 
 
 
                 the territory of a Party, with no unloading in that 
                 territory, to the territory of another Party. 
 
            -    With respect to temporary entry into the territory of the 
                 United States, Canadian customs brokers performing 
                 brokerage duties relating to the export of goods from the 
                 territory of the United States to or through the territory 
                 of Canada. 
 
            -    With respect to temporary entry into the territory of 
                 Canada, United States customs brokers performing brokerage 
                 duties relating to the export of goods from the territory 
                 of Canada to or through the territory of the United 
                 States. 
 
            -    Customs brokers providing consulting services regarding 
                 the facilitation of the import or export of goods. 
 
 
            After-Sales Service 
 
            -    Installers, repair and maintenance personnel, and 
                 supervisors, possessing specialized knowledge essential to 
                 a seller's contractual obligation, performing services or 
                 training workers to perform services, pursuant to a 
                 warranty or other service contract incidental to the sale 
                 of commercial or industrial equipment or machinery, 
                 including computer software, purchased from an enterprise 
                 located outside the territory of the Party into which 
                 temporary entry is sought, during the life of the warranty 
                 or service agreement. 
 
 
            General Service 
 
            -    Professionals engaging in a business activity at a 
                 professional level in a profession set out in Appendix 
                 1603.D.1. 
 
            -    Management and supervisory personnel engaging in a 
                 commercial transaction for an enterprise located in the 
                 territory of another Party. 
 
            -    Financial services personnel (insurers, bankers or 
                 investment brokers) engaging in commercial transactions 
                 for an enterprise located in the territory of another 
                 Party. 
 
 
 
                                         16-11  
 
 
 
 
 
 
  
 
 
 
 
 
                                                                 Annex 1603 
 
 
            -    Public relations and advertising personnel consulting with 
                 business associates, or  attending or participating in 
                 conventions. 
 
            -    Tourism personnel (tour and travel agents, tour guides or 
                 tour operators) attending or participating in conventions 
                 or conducting a tour that has begun in the territory of 
                 another Party. 
 
            -    Tour bus operators entering the territory of a Party: 
 
                 (a)  with a group of passengers on a bus tour that has 
                      begun in, and will return to, the territory of 
                      another Party; 
 
                 (b)  to meet a group of passengers on a bus tour that will 
                      end, and the predominant portion of which will take 
                      place, in the territory of another Party; or 
 
                 (c)  with a group of passengers on a bus tour to be 
                      unloaded in the territory of the Party into which 
                      temporary entry is sought, and returning with no 
                      passengers or reloading with the group for 
                      transportation to the territory of another Party. 
 
            -    Translators or interpreters performing services as 
                 employees of an enterprise located in the territory of 
                 another Party.  
 
 
            Definitions 
 
            For purposes of this Appendix: 
 
            territory of another Party means the territory of a Party other 
            than the territory of the Party into which temporary entry is 
            sought; 
 
            tour bus operator means a natural person, including relief 
            personnel accompanying or following to join, necessary for the 
            operation of a tour bus for the duration of a trip; and 
 
            transportation operator means a natural person, other than a 
            tour bus operator, including relief personnel accompanying or 
            following to join, necessary for the operation of a vehicle for 
            the duration of a trip. 
 
 
 
 
                                         16-12  
 
 
 
 
 
 
  
 
 
 
 
 
                                                                 Annex 1603 
 
 
                                   Appendix 1603.A.3 
 
                             Existing Immigration Measures 
 
 
            1.   In the case of Canada, subsection 19(1) of the Immigration 
            Regulations, 1978, SOR/78-172, as amended, made under the 
            Immigration Act, R.S.C. 1985, c. I-2, as amended. 
 
            2.   In the case of the United States, section 101(a)(15)(B) of 
            the Immigration and Nationality Act, 1952, as amended.  
 
            3.   In the case of Mexico, Chapter III of the Ley General de 
            Poblacion, 1974, as amended.  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                         16-13  
 
 
 
 
 
 
  
 
 
 
 
 
                                                                 Annex 1603 
 
 
                                   Appendix 1603.D.1 
 
                                     Professionals 
 
             PROFESSION1                     MINIMUM EDUCATION REQUIREMENTS 
                                             AND ALTERNATIVE CREDENTIALS 
 
             General 
 
             Accountant                      Baccalaureate or Licenciatura 
                                             Degree; or C.P.A., C.A., 
                                             C.G.A. or C.M.A. 
 
             Architect                       Baccalaureate or Licenciatura 
                                             Degree; or state/provincial 
                                             license2 
             Computer Systems Analyst        Baccalaureate or Licenciatura 
                                             Degree; or Post-Secondary 
                                             Diploma3 or Post-Secondary 
                                             Certificate4, and three years 
                                             experience 
 
 
                                             ____________________ 
 
                 1    A business person seeking temporary entry under this 
            Appendix may also perform training functions relating to the 
            profession, including conducting seminars. 
 
                 2    "State/provincial license" and 
            "state/provincial/federal license" mean any document issued by 
            a state, provincial or federal government, as the case may be, 
            or under its authority, but not by a local government, that 
            permits a person to engage in a regulated activity or 
            profession. 
 
                 3    "Post-Secondary Diploma" means a credential issued, 
            on completion of two or more years of post-secondary education, 
            by an accredited academic institution in Canada or the United 
            States. 
 
                 4    "Post-Secondary Certificate" means a certificate 
            issued, on completion of two or more years of post-secondary 
            education at an academic institution, by the federal government 
            of Mexico or a state government in Mexico, an academic 
            institution recognized by the federal government or a state 
            government, or an academic institution created by federal or 
            state law.   
 
 
                                         16-14  
 
 
 
 
 
 
  
 
 
 
 
 
                                                                 Annex 1603 
 
 
             Disaster Relief Insurance       Baccalaureate or Licenciatura 
             Claims Adjuster (claims         Degree, and successful 
             adjuster employed by an         completion of training in the 
             insurance company located in    appropriate areas of insurance 
             the territory of a Party, or    adjustment pertaining to 
             an independent claims           disaster relief claims; or 
             adjuster)                       three years experience in 
                                             claims adjustment and 
                                             successful completion of 
                                             training in the appropriate 
                                             areas of insurance adjustment 
                                             pertaining to disaster relief 
                                             claims  
 
             Economist                       Baccalaureate or Licenciatura 
                                             Degree  
 
             Engineer                        Baccalaureate or Licenciatura 
                                             Degree; or state/provincial 
                                             license 
             Forester                        Baccalaureate or Licenciatura 
                                             Degree; or state/provincial 
                                             license 
 
             Graphic Designer                Baccalaureate or Licenciatura 
                                             Degree; or Post-Secondary 
                                             Diploma or Post-Secondary 
                                             Certificate, and three years 
                                             experience  
             Hotel Manager                   Baccalaureate or Licenciatura 
                                             Degree in hotel/restaurant 
                                             management; or Post-Secondary 
                                             Diploma or Post-Secondary 
                                             Certificate in 
                                             hotel/restaurant management, 
                                             and three years experience in 
                                             hotel/restaurant management 
 
             Industrial Designer             Baccalaureate or Licenciatura 
                                             Degree; or Post-Secondary 
                                             Diploma or Post-Secondary 
                                             Certificate, and three years 
                                             experience 
 
 
 
 
 
 
 
                                         16-15  
 
 
 
 
 
 
  
 
 
 
 
 
                                                                 Annex 1603 
 
 
             Interior Designer               Baccalaureate or Licenciatura 
                                             Degree; or Post-Secondary 
                                             Diploma or Post-Secondary 
                                             Certificate, and three years 
                                             experience  
 
             Land Surveyor                   Baccalaureate or Licenciatura 
                                             Degree; or 
                                             state/provincial/federal 
                                             license 
 
             Landscape Architect             Baccalaureate or Licenciatura 
                                             Degree 
             Lawyer (including Notary in     LL.B., J.D., LL.L., B.C.L. or 
             the Province of Quebec)         Licenciatura Degree (five 
                                             years); or membership in a 
                                             state/provincial bar  
 
             Librarian                       M.L.S. or B.L.S. (for which 
                                             another Baccalaureate or 
                                             Licenciatura Degree was a 
                                             prerequisite) 
             Management Consultant           Baccalaureate or Licenciatura 
                                             Degree; or equivalent 
                                             professional experience as 
                                             established by statement or 
                                             professional credential 
                                             attesting to five years 
                                             experience as a management 
                                             consultant, or five years 
                                             experience in a field of 
                                             specialty related to the 
                                             consulting agreement 
 
             Mathematician (including        Baccalaureate or Licenciatura 
             Statistician)                   Degree 
 
             Range Manager/                  Baccalaureate or Licenciatura 
             Range Conservationalist         Degree 
             Research Assistant              Baccalaureate or Licenciatura 
             (working in a post-secondary    Degree 
             educational institution) 
 
 
 
 
 
 
 
 
                                         16-16  
 
 
 
 
 
 
  
 
 
 
 
 
                                                                 Annex 1603 
 
 
             Scientific                      Possession of (a) theoretical 
             Technician/Technologist1        knowledge of any of the 
                                             following disciplines:  
                                             agricultural sciences, 
                                             astronomy, biology, chemistry, 
                                             engineering, forestry, 
                                             geology, geophysics, 
                                             meteorology or physics; and 
                                             (b) the ability to solve 
                                             practical problems in any of 
                                             those disciplines, or the 
                                             ability to apply principles of 
                                             any of those disciplines to 
                                             basic or applied research 
 
             Social Worker                   Baccalaureate or Licenciatura 
                                             Degree 
 
             Sylviculturist (including       Baccalaureate or Licenciatura 
             Forestry Specialist)            Degree 
             Technical Publications Writer   Baccalaureate or Licenciatura 
                                             Degree; or Post-Secondary 
                                             Diploma or Post-Secondary 
                                             Certificate, and three years 
                                             experience 
 
             Urban Planner (including        Baccalaureate or Licenciatura 
             Geographer)                     Degree 
             Vocational Counsellor           Baccalaureate or Licenciatura 
                                             Degree 
 
 
             Medical/Allied Professional 
 
 
             Dentist                         D.D.S., D.M.D., Doctor en 
                                             Odontologia or Doctor en 
                                             Cirugia Dental; or 
                                             state/provincial license 
 
 
                                             ____________________ 
 
                 1    A business person in this category must be seeking 
            temporary entry to work in direct support of professionals in 
            agricultural sciences, astronomy, biology, chemistry, 
            engineering, forestry, geology, geophysics, meteorology or 
            physics. 
 
 
                                         16-17  
 
 
 
 
 
 
  
 
 
 
 
 
                                                                 Annex 1603 
 
 
             Dietitian                       Baccalaureate or Licenciatura 
                                             Degree; or state/provincial 
                                             license 
 
             Medical Laboratory              Baccalaureate or Licenciatura 
             Technologist (Canada)/Medical   Degree; or Post-Secondary 
             Technologist (Mexico and the    Diploma or Post-Secondary 
             United States)1                 Certificate, and three years 
                                             experience 
 
             Nutritionist                    Baccalaureate or Licenciatura 
                                             Degree 
             Occupational Therapist          Baccalaureate or Licenciatura 
                                             Degree; or state/provincial 
                                             license 
 
             Pharmacist                      Baccalaureate or Licenciatura 
                                             Degree; or state/provincial 
                                             license 
             Physician (teaching or          M.D. or Doctor en Medicina; or 
             research only)                  state/provincial license 
 
             Physiotherapist/Physical        Baccalaureate or Licenciatura 
             Therapist                       Degree; or state/provincial 
                                             license 
 
             Psychologist                    State/provincial license; or 
                                             Licenciatura Degree 
             Recreational Therapist          Baccalaureate or Licenciatura 
                                             Degree 
 
             Registered Nurse                State/provincial license; or 
                                             Licenciatura Degree  
             Veterinarian                    D.V.M., D.M.V. or Doctor en 
                                             Veterinaria; or 
                                             state/provincial license 
 
 
             Scientist 
 
 
                                             ____________________ 
 
                 1    A business person in this category must be seeking 
            temporary entry to perform in a laboratory chemical, 
            biological, hematological, immunologic, microscopic or 
            bacteriological tests and analyses for diagnosis, treatment or 
            prevention of disease. 
 
 
                                         16-18  
 
 
 
 
 
 
  
 
 
 
 
 
                                                                 Annex 1603 
 
 
 
             Agriculturist (including        Baccalaureate or Licenciatura 
             Agronomist)                     Degree 
 
             Animal Breeder                  Baccalaureate or Licenciatura 
                                             Degree 
 
             Animal Scientist                Baccalaureate or Licenciatura 
                                             Degree 
             Apiculturist                    Baccalaureate or Licenciatura 
                                             Degree 
 
             Astronomer                      Baccalaureate or Licenciatura 
                                             Degree 
             Biochemist                      Baccalaureate or Licenciatura 
                                             Degree 
 
             Biologist                       Baccalaureate or Licenciatura 
                                             Degree 
 
             Chemist                         Baccalaureate or Licenciatura 
                                             Degree 
             Dairy Scientist                 Baccalaureate or Licenciatura 
                                             Degree 
 
             Entomologist                    Baccalaureate or Licenciatura 
                                             Degree 
             Epidemiologist                  Baccalaureate or Licenciatura 
                                             Degree 
 
             Geneticist                      Baccalaureate or Licenciatura 
                                             Degree 
 
             Geologist                       Baccalaureate or Licenciatura 
                                             Degree 
             Geochemist                      Baccalaureate or Licenciatura 
                                             Degree 
 
             Geophysicist (including         Baccalaureate or Licenciatura 
             Oceanographer in Mexico and     Degree 
             the United States) 
             Horticulturist                  Baccalaureate or Licenciatura 
                                             Degree 
 
             Meteorologist                   Baccalaureate or Licenciatura 
                                             Degree 
 
 
 
 
                                         16-19  
 
 
 
 
 
 
  
 
 
 
 
 
                                                                 Annex 1603 
 
 
             Pharmacologist                  Baccalaureate or Licenciatura 
                                             Degree 
 
             Physicist (including            Baccalaureate or Licenciatura 
             Oceanographer in Canada)        Degree 
 
             Plant Breeder                   Baccalaureate or Licenciatura 
                                             Degree 
             Poultry Scientist               Baccalaureate or Licenciatura 
                                             Degree 
 
             Soil Scientist                  Baccalaureate or Licenciatura 
                                             Degree 
             Zoologist                       Baccalaureate or Licenciatura 
                                             Degree 
 
 
             Teacher 
 
 
             College                         Baccalaureate or Licenciatura 
                                             Degree 
             Seminary                        Baccalaureate or Licenciatura 
                                             Degree 
 
             University                      Baccalaureate or Licenciatura 
                                             Degree 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                         16-20  
 
 
 
 
 
 
  
 
 
 
 
 
                                                                 Annex 1603 
 
 
                                   Appendix 1603.D.4 
 
                                     United States 
 
 
            1.   Beginning on the date of entry into force of this 
            Agreement as between the United States and Mexico, the United 
            States shall annually approve as many as 5,500 initial 
            petitions of business persons of Mexico seeking temporary entry 
            under Section D of Annex 1603 to engage in a business activity 
            at a professional level in a profession set out in Appendix 
            1603.D.1. 
 
            2.   For purposes of paragraph 1, the United States shall not 
            take into account: 
 
                 (a)  the renewal of a period of temporary entry; 
 
                 (b)  the entry of a spouse or children accompanying or 
                      following to join the principal business person; 
 
                 (c)  an admission under section 101(a)(15)(H)(i)(b) of the 
                      Immigration and Nationality Act, 1952, as may be 
                      amended, including the worldwide numerical limit 
                      established by section 214(g)(1)(A) of that Act; or 
 
                 (d)  an admission under any other provision of section 
                      101(a)(15) of that Act relating to the entry of 
                      professionals. 
 
            3.   Paragraphs 4 and 5 of Section D of Annex 1603 shall apply 
            as between the United States and Mexico for no longer than: 
 
                 (a)  the period that such paragraphs or similar provisions 
                      may apply as between the United States and any other 
                      Party other than Canada or any non-Party; or 
 
                 (b)  10 years after the date of entry into force of this 
                      Agreement as between such Parties, 
 
            whichever period is shorter. 
 
 
 
 
 
 
 
 
 
                                         16-21  
 
 
 
 
 
 
  
 
 
 
 
 
                                                               Annex 1604.2                                             
                  ____________ 
 
 
                                      Annex 1604.2 
 
                                Provision of Information 
 
 
                 The obligations under Article 1604(2) shall take effect 
            with respect to Mexico one year after the date of entry into 
            force of this Agreement. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                         16-22  
 
 
 
 
 
 
  
 
 
 
 
 
                                                                 Annex 1608                                              
                   __________ 
 
 
 
                                       Annex 1608 
 
                             Country - Specific Definitions 
 
 
            For purposes of this Chapter: 
 
            citizen means, with respect to Mexico, a national or a citizen 
            according to the existing provisions of Articles 30 and 34, 
            respectively, of the Mexican Constitution; and 
 
            existing means, as between: 
 
                 (a)  Canada and Mexico, and Mexico and the United States, 
                      in effect on the date of entry into force of this 
                      Agreement; and 
 
                 (b)  Canada and the United States, in effect on January 1, 
                      1989. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                         16-23  
 
 
 
 
 
 
