The provisions of this Chapter reflect the special 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 protect indigenous labour and permanent employment.

1. The Parties shall provide, in accordance with Annex 1502.1, for the temporary entry of business persons who are otherwise qualified for entry under applicable law relating to public health and safety and national security.

2. Each Party shall publish its laws, regulations and procedures relating to the provisions of this Chapter and provide to the other Party such explanatory materials as may be reasonably necessary to enable the other Party and its business persons to become acquainted with them.

3. Any fees for processing applications for temporary entry of business persons shall be limited in amount to the approximate cost of services related thereto.

4. Data collected and maintained by a Party respecting the granting of temporary entry to business persons under this Chapter shall be made available to the other Party in conformity with applicable law.

5. The application and enforcement of measures governing the granting of temporary entry to business persons shall be accomplished expeditiously so as to avoid unduly impairing or delaying the conduct of trade in goods or services, or of investment activities, under this Agreement.

The Parties shall establish a procedure, which shall involve the participation of immigration officials of both Parties, for consultation at least once a year respecting:

1. Subject to paragraph 2, a Party may invoke the provisions of Chapter Eighteen with respect to any matter governed by this Chapter.

2. A Party may not invoke the provisions of Articles 1806 or 1807 of this Agreement with respect to the denial of a business person's request for temporary entry or a matter under paragraph 5 of Article 1502 unless:

No provision of any other Chapter of this Agreement shall be construed as imposing obligations upon the Parties with respect to the Parties' immigration measures.

For purposes of this Chapter:

business person means a citizen of a Party who is engaged in the trade of goods or services or in investment activities; and

temporary entry means entry without the intent to establish permanent residence.

1. A business person seeking temporary entry into the United States of America for purposes set forth in Schedule 1, who otherwise meets existing requirements under section 101(a)(15)(B) of the Immigration and Nationality Act, including but not limited to requirements regarding the source of remuneration, shall be granted entry upon presentation of proof of Canadian citizenship and documentation demonstrating that the business person is engaged in one of the occupations or professions set forth in Schedule 1 and describing the purpose of entry.

2. A business person engaged in an occupation or profession other than those listed in Schedule 1 shall be granted temporary entry under section 101(a)(15)(B) of the Immigration and Nationality Act if the business person meets existing requirements for entry.

3. The United States of America shall not require, as a condition for temporary entry under paragraphs 1 or 2, prior approval procedures, petitions, labour certification tests, or other procedures of similar effect.

4. A business person seeking temporary entry into the United States of America to carry on substantial trade in goods or services, in a capacity that is supervisory or executive or involves essential skills, principally between the United States of America and Canada, or solely to develop and direct the operations of an enterprise in which the business person has invested, or is actively in the process of investing, a substantial amount of capital, shall be granted entry under section 101(a)(15)(E) of the Immigration and Nationality Act, and be provided confirming documentation, if the business person meets existing requirements for visa issuance and for entry.

5. The United States of America shall not require, as a condition for temporary entry under paragraph 4, labour certification tests or other procedures of similar effect.

6. A business person seeking temporary entry into the United States of America to engage in business activities at a professional level who meets existing requirements under section 214(e) of the Immigration and Nationality Act shall be granted entry, and be provided confirming documentation, upon presentation of proof of Canadian citizenship and documentation demonstrating that the business person is engaged in one of the professions set forth in Schedule 2 and describing the purpose of entry.

7. The United States of America shall not require, as a condition for temporary entry under paragraph 6, prior approval procedures, petitions, labour certification tests, or other procedures of similar effect.

8. A business person seeking temporary entry into the United States of America as an intra-company transferee shall be granted entry under section 101(a)(15)(L) of the Immigration and Nationality Act, and be provided confirming documentation, if the business person:

9. The United States of America shall not require, as a condition for temporary entry under paragraph 8, labour certification tests or other procedures of similar effect.

1. A business person seeking temporary entry into Canada for purposes set forth in Schedule 1, who otherwise meets existing requirements under the Immigration Act, 1976, shall be granted entry without being required to obtain an employment authorization pursuant to subsection 19(1) of the Immigration Regulations, 1978, upon presentation of proof of United States citizenship and documentation demonstrating that the business person is engaged in one of the occupations or professions set forth in Schedule 1 and describing the purpose of entry.

2. A business person engaged in an occupation or profession other than those listed in Schedule 1 shall be granted temporary entry under the Immigration Act, 1976, without being required to obtain an employment authorization pursuant to subsection 19(1) of the Immigration Regulations, 1978, if the business person meets existing requirements for entry.

3. Canada shall not require, as a condition for temporary entry under paragraphs 1 or 2, prior approval procedures, petitions, labour certification tests, or other procedures of similar effect.

4. A business person seeking temporary entry into Canada to carry on substantial trade in goods or services, in a capacity that is supervisory or executive or involves essential skills, principally between Canada and the United States of America, or solely to develop and direct the operations of an enterprise in which the business person has invested, or is actively in the process of investing, a substantial amount of capital, shall be granted entry under the Immigration Act, 1976, and shall be issued an employment authorization pursuant to subsection 20(5) of the Immigration Regulations, 1978, if the business person meets existing requirements for entry.

5. Canada shall not require, as a condition for temporary entry under paragraph 4, labour certification tests or other procedures of similar effect.

6. A business person seeking temporary entry into Canada to engage in business activities at a professional level who meets existing requirements for entry under the Immigration Act, 1976, shall be granted entry and shall be issued an employment authorization pursuant to subsection 20(5) of the Immigration Regulations, 1978, upon presentation of proof of United States citizenship and documentation demonstrating that the business person is engaged in one of the professions set forth in Schedule 2 and describing the purpose of entry.

7. Canada shall not require, as a condition for temporary entry under paragraph 6, prior approval procedures, petitions, labour certification tests, or other procedures of similar effect.

8. A business person seeking temporary entry into Canada as an intra-company transferee shall be granted entry under the Immigration Act, 1976, and shall be issued an employment authorization pursuant to subsection 20(5) of the Immigration Regulations, 1978, if the business person:

9. Canada shall not require, as a condition for temporary entry under paragraph 8, labour certification tests or other procedures of similar effect.

• accountant • architect

• engineer • lawyer

• scientist • teacher

° biologist ° college

° biochemist ° university

° physicist ° seminary

° geneticist • economist

° zoologist • social worker

° entomologist • vocational counselor

° geophysicist • mathematician (baccalaureate)

° epidemiologist • hotel manager (baccalaureate ° pharmacologist and 3 years experience)

° animal scientist • librarian (MLS)

° agriculturist (agronomist) • animal breeder

° dairy scientist • plant breeder

° poultry scientist • horticulturist

° soil scientist • sylviculturist (forestry specialist)

• research assistant • range manager (range

(working in a post-secondary conservationist)

educational institution) • forester

• medical/allied professional • journalist (baccalaureate and 3 years experience)

° physician (teaching and/or • nutritionist

research only) • dietitian

° dentist • technical publications

° registered nurse writer

° veterinarian • computer systems

° medical technologist analyst

° clinical lab technologist

• psychologist • management consultant