North American Free Trade Agreement

Chapter Sixteen: Temporary Entry for Business Persons

Appendix 1603.A.1: Business Visitors

Research and Design

Growth, Manufacture and Production

Marketing

Sales

Distribution

AfterSales Service

General Service

      (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.

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.

Appendix 1603.A.3: Existing Immigration Measures

1. In the case of Canada, subsection 19(1) of the Immigration Regulations, 1978, SOR/78172, as amended, made under the Immigration Act, R.S.C. 1985, c. I2, 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 General Demography Law ("Ley General de Población"), 1974, as amended.

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 PostSecondary Diploma3 or PostSecondary Certificate4, and three years experience
Disaster Relief Insurance Claims                Baccalaureate or Licenciatura Degree, and successful completion of training in the appropriate areas of insurance adjustment pertaining to
  Adjuster (claims Adjuster employed              disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of
  by an insurance company located in              insurance adjustment pertaining to disaster relief claims.
  the territory of a Party, or an
  independent claims adjuster)
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 PostSecondary Diploma or PostSecondary Certificate, and three years experience
Hotel Manager                                   Baccalaureate or Licenciatura Degree in hotel/restaurant management; or PostSecondary Diploma or PostSecondary Certificate in hotel/restaurant
                                                  management, and three years experience in hotel/restaurant management
Industrial Designer                             Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience
Interior Designer                               Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary 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 Licenciatura Degree (five years); or membership in a state/provincial bar
  the Province of Quebec)
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 Statistician)          Baccalaureate or Licenciatura Degree
Range Manager/Range Conservationalist           Baccalaureate or Licenciatura Degree
Research Assistant (working in a post-          Baccalaureate or Licenciatura Degree
  secondary educational institution)
Scientific Technician/Technologist5             Possession of (a) theoretical 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 Degree
  Forestry Specialist)
Technical Publications Writer                   Baccalaureate or Licenciatura Degree; or PostSecondary Diploma or PostSecondary Certificate, and three years experience
Urban Planner (including Geographer)            Baccalaureate or Licenciatura 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
Dietitian                                       Baccalaureate or Licenciatura Degree; or state/provincial license
Medical Laboratory Technologist                 Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience
  (Canada)/Medical Technologist
  (Mexico and the United States)6
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 research only)           M.D. or Doctor en Medicina; or state/provincial license
Physiotherapist/Physical Therapist              Baccalaureate or Licenciatura 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

Agriculturist (including Agronomist)            Baccalaureate or Licenciatura 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 Oceanographer           Baccalaureate or Licenciatura Degree
  in Mexico and the United States)
Horticulturist                                  Baccalaureate or Licenciatura Degree
Meteorologist                                   Baccalaureate or Licenciatura Degree
Pharmacologist                                  Baccalaureate or Licenciatura Degree
Physicist (including Oceanographer              Baccalaureate or Licenciatura Degree
  in Canada)
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

__________________________________________________

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 postsecondary 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 postsecondary 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.

5 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.

6 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.

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.

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.

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.

Continue on to Chapter 17: Intellectual Property

If you have questions or comments, please e-mail [email protected]


To Top + TOC

Copyright © 1996, General Secretariat, Organization of American States