This chapter establishes commitments on temporary entry of business persons between the parties. It defines key terms and establishes that the chapter applies to measures affecting temporary entry for business purposes but not permanent employment. Each party will specify commitments for different categories of business persons in an annex. The chapter establishes requirements for application procedures, granting temporary entry according to commitments, and refusal on limited grounds. It also covers provisions on business travel, transparency, cooperation on visa issues, and limitations on dispute settlement regarding refusals of temporary entry.
The Arbitration and Conciliation (Amendment) Ordinance, 2015 Impact on law l...Singhania2015
In recent times there has been a rapid increase in commerce and industry which has led to parties resorting to arbitration to avoid delayed and protracted litigation. However, in India, the Arbitration and Conciliation Act, 1996 was failing to serve the purpose of alternate dispute resolution.
Service tax exemption for legal services - Dr Sanjiv AgarwalD Murali ☆
Service tax exemption for legal services - Dr Sanjiv Agarwal - Article published in Business Advisor, dated August 25, 2016 - http://www.magzter.com/IN/Shrinikethan/Business-Advisor/Business/
Section 9 of the Arbitration and Conciliation Act, 1996Legal
Section 9 of the arbitration and conciliation act, 1996, jurisdiction, powers, court, local, international, judgments, supreme court, high court, powers, interim, time limit, amendment 2015
This presentation discusses various amendments made in 2015 in the Arbitration and Conciliation Act of 1996.
It is of great use for Law students, Lawyers, Teachers and persons who are appearing for interview as Law Officer especially in Public Sector.
Section - 8 of the Arbitration and Conciliation Act, 1996, A Saving BeaconSinghania2015
The Arbitration and Conciliation Act, 1996 (hereinafter the “1996 Act”) supplants the Arbitration Act, 1940. In the 1996 Act, intervention by Courts was limited so that the object behind speedy justice could be well achieved. To further the aforesaid objective, the 1996 Act harbours many provisions. Section 8 of the 1996 Act denotes one such provision which provides for limited judicial intervention and furthers the objective by directing the parties to get involved in arbitration on the basis of the arbitration agreement.
The Arbitration and Conciliation (Amendment) Ordinance, 2015 Impact on law l...Singhania2015
In recent times there has been a rapid increase in commerce and industry which has led to parties resorting to arbitration to avoid delayed and protracted litigation. However, in India, the Arbitration and Conciliation Act, 1996 was failing to serve the purpose of alternate dispute resolution.
Service tax exemption for legal services - Dr Sanjiv AgarwalD Murali ☆
Service tax exemption for legal services - Dr Sanjiv Agarwal - Article published in Business Advisor, dated August 25, 2016 - http://www.magzter.com/IN/Shrinikethan/Business-Advisor/Business/
Section 9 of the Arbitration and Conciliation Act, 1996Legal
Section 9 of the arbitration and conciliation act, 1996, jurisdiction, powers, court, local, international, judgments, supreme court, high court, powers, interim, time limit, amendment 2015
This presentation discusses various amendments made in 2015 in the Arbitration and Conciliation Act of 1996.
It is of great use for Law students, Lawyers, Teachers and persons who are appearing for interview as Law Officer especially in Public Sector.
Section - 8 of the Arbitration and Conciliation Act, 1996, A Saving BeaconSinghania2015
The Arbitration and Conciliation Act, 1996 (hereinafter the “1996 Act”) supplants the Arbitration Act, 1940. In the 1996 Act, intervention by Courts was limited so that the object behind speedy justice could be well achieved. To further the aforesaid objective, the 1996 Act harbours many provisions. Section 8 of the 1996 Act denotes one such provision which provides for limited judicial intervention and furthers the objective by directing the parties to get involved in arbitration on the basis of the arbitration agreement.
This presentation discusses the question as to whether a statute on mediation is required to be enacted in India. It argues that an ADR code has to be enacted so that dispute and its resolution are seen holistically.
Cancer Care Group HIPAA Settlement Agreementdata brackets
Cancer Care has taken corrective action with regard to the specific requirements of the Privacy and Security Rules that are at the core of this enforcement action, as well as actions to come into compliance with the other provisions of the HIPAA Rules. The Resolution Agreement and Corrective Action Plan (CAP) can be found on the OCR website at: http://www.hhs.gov/ocr/privacy/hipaa/enforcement/examples/cancercare.html
The Multilateral Instrument (MLI) is the latest development in International taxation which would modify the existing bilateral treaties (DTAAs) and implement measures to prevent Base Erosion Profit Shifting (BEPS) strategies. In this Webinar we shall analyse the provisions of Part VI of the MLI relating to 'Arbitration' which covers Articles 18 to 26.
Part VI - Arbitration - Contains provisions which provide for Arbitration in situations where cases submitted by a taxpayer under Mutual Agreement Procedure [MAP], remains unresolved for a long period of time. Part VI also contains provisions with requirements and guidelines for Arbitrators and the Arbitration Procedure.
Judgments on section 9 of the Arbitration and Conciliation Act, 1996Legal
This is a compilation of Judgments delivered by Hon'ble Supreme Court and Hon'ble High Courts on section 9 of the Arbitration and Conciliation Act, 1996
The presentation seeks to provide deep insight into the Pre-Packaged Insolvency Resolution Process introduced to the Insolvency and Bankruptcy Code, 2016 by way of enactment of Insolvency and Bankruptcy (Amendment) Ordinance, 2021 under Part II Chapter III-A of the Code.
Section 29A of the Arbitration and Conciliation ActLegal
Section 29A of the Arbitration and Conciliation Act, 1996 requires an arbitral tribunal to render an award within 12 months (which may be extended for further period of six months with the consent of the parties) from the date the arbitral tribunal enters upon the reference or from the date of completion of pleadings under newly introduced Section 23(4) of the Act.
After reading pre-amended Section 29A and amended Section 29A of the Act certain questions may arise. They are...
What was the need for bringing in Section 29A of the Act?
Section 29A(5) of the Act provides that the extension of period referred to in Section 29A(4) of the Act may be on the application of any of the parties and may be granted only for sufficient cause and on such terms and conditions as may be imposed by the Court. Whether this Court is the Court as defined u/s 2(1)(e) of the Act or a Court which has appointed arbitrator u/s 11 of the Act?
Whether the amendment of 2019 has the retrospective effect to those arbitral proceedings which have commenced after 23rd October, 2015 and award thereof has not been made with the time period prescribed u/s 29A of the Act?
When the award is not rendered within the time period prescribed u/s 29A(1) or the extended period specified u/s 29A(3) of the Act, the arbitral tribunal loses its mandate and the parties are mandatorily required to approach the Court for extension of the time limit beyond 12 months or 18 months, as the case may be?
If the mandate of the arbitral tribunal is terminated in accordance with Section 29A(4) of the Act, the arbitrator becomes functus officio or de jure/de facto (u/s 14 of the Act) unable to perform his function or the aggrieved party has to move an application u/s 15 of the Act?
Is there any is time limit prescribed under Section 29A(5) of the Act for making an application for extension of time?
The extension of time under Section 29A(5) of the Act can be granted for how much period?
Whether the extension of period referred to in Section 29A(5) of the Act may be on the application of any of the parties or upon the oral request Court can extend the time?
What are going to be the considerations for the Court to impose actual or exemplary costs upon any of the parties under Section 29A(8) of the Act?
This presentation discusses the question as to whether a statute on mediation is required to be enacted in India. It argues that an ADR code has to be enacted so that dispute and its resolution are seen holistically.
Cancer Care Group HIPAA Settlement Agreementdata brackets
Cancer Care has taken corrective action with regard to the specific requirements of the Privacy and Security Rules that are at the core of this enforcement action, as well as actions to come into compliance with the other provisions of the HIPAA Rules. The Resolution Agreement and Corrective Action Plan (CAP) can be found on the OCR website at: http://www.hhs.gov/ocr/privacy/hipaa/enforcement/examples/cancercare.html
The Multilateral Instrument (MLI) is the latest development in International taxation which would modify the existing bilateral treaties (DTAAs) and implement measures to prevent Base Erosion Profit Shifting (BEPS) strategies. In this Webinar we shall analyse the provisions of Part VI of the MLI relating to 'Arbitration' which covers Articles 18 to 26.
Part VI - Arbitration - Contains provisions which provide for Arbitration in situations where cases submitted by a taxpayer under Mutual Agreement Procedure [MAP], remains unresolved for a long period of time. Part VI also contains provisions with requirements and guidelines for Arbitrators and the Arbitration Procedure.
Judgments on section 9 of the Arbitration and Conciliation Act, 1996Legal
This is a compilation of Judgments delivered by Hon'ble Supreme Court and Hon'ble High Courts on section 9 of the Arbitration and Conciliation Act, 1996
The presentation seeks to provide deep insight into the Pre-Packaged Insolvency Resolution Process introduced to the Insolvency and Bankruptcy Code, 2016 by way of enactment of Insolvency and Bankruptcy (Amendment) Ordinance, 2021 under Part II Chapter III-A of the Code.
Section 29A of the Arbitration and Conciliation ActLegal
Section 29A of the Arbitration and Conciliation Act, 1996 requires an arbitral tribunal to render an award within 12 months (which may be extended for further period of six months with the consent of the parties) from the date the arbitral tribunal enters upon the reference or from the date of completion of pleadings under newly introduced Section 23(4) of the Act.
After reading pre-amended Section 29A and amended Section 29A of the Act certain questions may arise. They are...
What was the need for bringing in Section 29A of the Act?
Section 29A(5) of the Act provides that the extension of period referred to in Section 29A(4) of the Act may be on the application of any of the parties and may be granted only for sufficient cause and on such terms and conditions as may be imposed by the Court. Whether this Court is the Court as defined u/s 2(1)(e) of the Act or a Court which has appointed arbitrator u/s 11 of the Act?
Whether the amendment of 2019 has the retrospective effect to those arbitral proceedings which have commenced after 23rd October, 2015 and award thereof has not been made with the time period prescribed u/s 29A of the Act?
When the award is not rendered within the time period prescribed u/s 29A(1) or the extended period specified u/s 29A(3) of the Act, the arbitral tribunal loses its mandate and the parties are mandatorily required to approach the Court for extension of the time limit beyond 12 months or 18 months, as the case may be?
If the mandate of the arbitral tribunal is terminated in accordance with Section 29A(4) of the Act, the arbitrator becomes functus officio or de jure/de facto (u/s 14 of the Act) unable to perform his function or the aggrieved party has to move an application u/s 15 of the Act?
Is there any is time limit prescribed under Section 29A(5) of the Act for making an application for extension of time?
The extension of time under Section 29A(5) of the Act can be granted for how much period?
Whether the extension of period referred to in Section 29A(5) of the Act may be on the application of any of the parties or upon the oral request Court can extend the time?
What are going to be the considerations for the Court to impose actual or exemplary costs upon any of the parties under Section 29A(8) of the Act?
Event Marketing Mandates Data CollectionGoSpotCheck
Marketing your event is crucial to its success. In order to make the most of an event, you need a marketing strategy that directly engages consumers instead of more traditional methods like lectures and meetups. The event should invite and encourage an active audience to participate in the evolution of your brand in various ways.
Quality staff members can serve as your brand ambassadors and help create a positive image for your brand. Dedicated employees that work hard need a way to document and proves successes – in order to change or further working strategy.
Similarly, collecting consumer insights can boost the power of your brand and the effectiveness of your event. We live in an experience economy and creating memorable moments for your customers through event marketing, product launches and more will win over your customers.
This Men's t-shirts has literally got your back. These back printed t-shirts are perfect for your quirky street style look. They can be your to go t-shirt for any casual day look. These front and back print t-shirts are available in black, blue, and various colors only at : bit.ly/Back_Printmen
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Canada - Australia Trade and Economic Cooperation Arrangement (TECA)Ziaullah Mirza
Trade and Economic Cooperation Arrangement Between
the Government of Canada and the Government of
Australia
Acknowledging
the mutual benefits that result from long
-
term a
nd stable economic relations
and the further development of their trade and investment relations;
Reaffirming
, their shared strong commitment to an effective Agreement Establishing the
World Trade Organization, based on clear and mutually advantageous rule
s governing
multilateral trade;
Recognizing
their respective rights and obligations under the Agreement Establishing the
World Trade Organization and other multilateral and bilateral
instruments of
cooperation;
Noting
the importance they attach to the furt
her development of the role of the Asia Pacific
Economic Cooperation (APEC) in the context of closer economic cooperation in the
Asia/Pacific region, particularly the common goals expressed in the Bogor Declaration;
Convinced
that the establishment of a fr
amework for consultations between them on trade
and investment will contribute to the growth of trade and investment between the two
countries;
Texto Consolidado del ACTA, "Anti-Counterfeiting Trade Agreement (ACTA, Acuerdo comercial anti-falsificación)" que afecta muy seriamente los derechos de todos los usuarios de todo tipo de dispositivo capaz de manipular obras con copyright.
http://es.wikipedia.org/wiki/Anti-Counterfeiting_Trade_Agreement
LEGAL FRAMEWORK FOR ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
Objectives & Agenda :
To understand the relevance of Form 3CEB - the purpose and rationale for which the form is used and the content of certification in the said form. The webinar shall additionally cover the practical issues in relation to the certification and filing and guidance note issued by Institute of Chartered Accountants of India ("ICAI") to assist the professionals while undertaking the certification. Furthermore, we shall touch upon few suggestions for the assessee as well as the professionals and the manner of certification in other countries.
Chắc hẳn, với những người học tiếng Anh thì bản tin VOA đã không còn quá xa lạ, nó đã trở thành 1 kênh hữu ích giúp nhiều người học tiếng Anh cải thiện khả năng của mình, đặc biệt là khả năng Nghe. Với các bản tin VOA được đọc qua video - tốc độ vừa phải, có kèm theo phụ đề tiếng Anh - các bạn có thể học trên máy tính để nghe. Học cực tốt. VOA giúp bạn học Luyện cách viết, phát âm theo người bản xứ mà không cần phải vác sách đi học tại bất kì đâu mà đôi khi tốn tiền mà học phải giáo viên lại không chất lượng. Ngoài học tiếng Anh, với VOA các bạn có thể cập nhật những tin tức nóng hổi trên toàn thế giới như: chính trị, phát luật, kinh tế, nông nghiệp, công nghệ, etc....1 cách nhanh nhất
http://tuhoctoeic.edu.vn/ 600 từ gối đầu trong toeic mà chắc chắn bạn nào muốn thi toeic cũng đều phải nắm chặt trong quá trình học tập, cuốn sách được thiết kế và lên nội dung khá bài bản và đầy đủ
Chắc hẳn giao tiếp là một phần không thể thiếu trong việc học anh văn, ebook 1001 câu giao tiếp anh văn được tuhoctoeic.edu.vn tập hợp từ các nguồn anh văn có chất lượng sẽ giúp cho khả năng anh văn của bạn tăng lên đáng kể, hơn nữa các tính huống khá gần gũi giúp bạn nhanh chóng nắm được những kiến thức hữu ích trên
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Chapter XII: Temporary entry for business persons chapter
1. Subject to Legal Review in English, Spanish and French
for Accuracy, Clarity and Consistency
Subject to Authentication of English, Spanish and French Versions
12-1
CHAPTER 12
TEMPORARY ENTRY FOR BUSINESS PERSONS
Article 12.1: Definitions
For the purposes of this Chapter:
business person means:
(a) a natural person who has the nationality of a Party according to Annex 1-A
(Party-Specific Definitions), or
(b) a permanent resident of a Party that, prior to the date of entry into force of this
Agreement, has made a notification consistent with Article XXVIII(k)(ii)(2) of
GATS that that Party accords substantially the same treatment to its permanent
residents as it does to its nationals,1
who is engaged in trade in goods, the supply of services or the conduct of investment activities;
immigration formality means a visa, permit, pass or other document or electronic authority
granting temporary entry;
immigration measure means any measure affecting the entry and stay of foreign nationals; and
temporary entry means entry into the territory of a Party by a business person of another Party
who does not intend to establish permanent residence.
Article 12.2: Scope
1. This Chapter shall apply to measures that affect the temporary entry of business persons
of a Party into the territory of another Party.
2. This Chapter shall not apply to measures affecting natural persons seeking access to the
employment market of another Party, nor shall it apply to measures regarding citizenship,
nationality, residence or employment on a permanent basis.
1
For the purposes of subparagraph (b), “nationals” has the meaning it bears in Article XXVIII(k)(ii)(2) of GATS.
2. Subject to Legal Review in English, Spanish and French
for Accuracy, Clarity and Consistency
Subject to Authentication of English, Spanish and French Versions
12-2
3. Nothing in this Agreement shall prevent a Party from applying measures to regulate the
entry of natural persons of another Party into, or their temporary stay in, its territory, including
those measures necessary to protect the integrity of, and to ensure the orderly movement of
natural persons across, its borders, provided that those measures are not applied in a manner as to
nullify or impair the benefits accruing to any Party under this Chapter.
4. The sole fact that a Party requires business persons of another Party to obtain an
immigration formality shall not be regarded as nullifying or impairing the benefits accruing to
any Party under this Chapter.
Article 12.3: Application Procedures
1. As expeditiously as possible after receipt of a completed application for an immigration
formality, each Party shall make a decision on the application and inform the applicant of the
decision including, if approved, the period of stay and other conditions.
2. At the request of an applicant, a Party that has received a completed application for an
immigration formality shall endeavour to promptly provide information concerning the status of
the application.
3. Each Party shall ensure that fees charged by its competent authorities for the processing
of an application for an immigration formality are reasonable, in that they do not unduly impair
or delay trade in goods or services or conduct of investment activities under this Agreement.
Article 12.4: Grant of Temporary Entry
1. Each Party shall set out in Annex 12-A the commitments it makes with regard to
temporary entry of business persons, which shall specify the conditions and limitations for entry
and temporary stay, including length of stay, for each category of business persons specified by
that Party.
2. A Party shall grant temporary entry or extension of temporary stay to business persons of
another Party to the extent provided for in those commitments made pursuant to paragraph 1,
provided that those business persons:
(a) follow the granting Party’s prescribed application procedures for the relevant
immigration formality; and
(b) meet all relevant eligibility requirements for temporary entry or extension of
temporary stay.
3. Subject to Legal Review in English, Spanish and French
for Accuracy, Clarity and Consistency
Subject to Authentication of English, Spanish and French Versions
12-3
3. The sole fact that a Party grants temporary entry to a business person of another Party
pursuant to this Chapter shall not be construed to exempt that business person from meeting any
applicable licensing or other requirements, including any mandatory codes of conduct, to practise
a profession or otherwise engage in business activities.
4. A Party may refuse to issue an immigration formality to a business person of another
Party if the temporary entry of that person might affect adversely:
(a) the settlement of any labour dispute that is in progress at the place or intended
place of employment; or
(b) the employment of any natural person who is involved in such dispute.
5. When a Party refuses pursuant to paragraph 4 to issue an immigration formality, it shall
inform the applicant accordingly.
Article 12.5: Business Travel
The Parties affirm their commitments to each other in the context of APEC to enhance
the mobility of business persons, including through exploration and voluntary development of
trusted traveller programmes, and their support for efforts to enhance the APEC Business Travel
Card programme.
Article 12.6: Provision of Information
Further to Article 26.2 (Publication) and Article 26.5 (Provision of Information), each
Party shall:
(a) promptly publish online if possible or otherwise make publicly available,
information on:
(i) current requirements for temporary entry under this Chapter, including
explanatory material and relevant forms and documents that will enable
interested persons of the other Parties to become acquainted with those
requirements; and
(ii) the typical timeframe within which an application for an immigration
formality is processed; and
(b) establish or maintain appropriate mechanisms to respond to enquiries from
interested persons regarding measures relating to temporary entry covered by this
Chapter.
4. Subject to Legal Review in English, Spanish and French
for Accuracy, Clarity and Consistency
Subject to Authentication of English, Spanish and French Versions
12-4
Article 12.7: Committee on Temporary Entry for Business Persons
1. The Parties hereby establish a Committee on Temporary Entry for Business Persons
(Committee), composed of government representatives of each Party.
2. The Committee shall meet once every three years, unless otherwise agreed by the Parties,
to:
(a) review the implementation and operation of this Chapter;
(b) consider opportunities for the Parties to further facilitate temporary entry of
business persons, including through the development of activities undertaken
pursuant to Article 12.8 (Cooperation); and
(c) consider any other matter arising under this Chapter.
3. A Party may request discussions with one or more other Parties with a view to advancing
the objectives set out in paragraph 2. Those discussions may take place at a time and location
agreed by the Parties involved in those discussions.
Article 12.8: Cooperation
Recognising that the Parties can benefit from sharing their diverse experience in
developing and applying procedures related to visa processing and border security, the Parties
shall consider undertaking mutually agreed cooperation activities, subject to available resources,
including by:
(a) providing advice on the development and implementation of electronic processing
systems for visas;
(b) sharing experiences with regulations, and the implementation of programmes and
technology related to:
(i) border security, including those related to the use of biometric technology,
advanced passenger information systems, frequent passenger programmes
and security in travel documents; and
(ii) the expediting of certain categories of applicants in order to reduce facility
and workload constraints; and
5. Subject to Legal Review in English, Spanish and French
for Accuracy, Clarity and Consistency
Subject to Authentication of English, Spanish and French Versions
12-5
(c) cooperating in multilateral fora to promote processing enhancements, such as
those listed in subparagraphs (a) and (b).
Article 12.9: Relation to Other Chapters
1. Except for this Chapter, Chapter 1 (Initial Provisions and General Definitions), Chapter
27 (Administrative and Institutional Provisions), Chapter 28 (Dispute Settlement), Chapter 30
(Final Provisions), Article 26.2 (Publication) and Article 26.5 (Provision of Information), no
provision of this Agreement shall impose any obligation on a Party regarding its immigration
measures.
2. Nothing in this Chapter shall be construed to impose obligations or commitments with
respect to other Chapters of this Agreement.
Article 12.10: Dispute Settlement
1. No Party shall have recourse to dispute settlement under Chapter 28 (Dispute Settlement)
regarding a refusal to grant temporary entry unless:
(a) the matter involves a pattern of practice; and
(b) the business persons affected have exhausted all 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 other Party within a reasonable period of
time after the date of the institution of proceedings for the remedy, including any proceedings for
review or appeal, and the failure to issue such a determination is not attributable to delays caused
by the business persons concerned.