CHAPTER 16 - TEMPORARY ENTRY FOR BUSINESS PERSONS - Article 16.1 - Definitions

Sep 29, 2026

Chapter 16 defines temporary entry for business persons, setting out key terms and the scope of application to measures affecting such entry between Parties. It clarifies exclusions for access to the employment market, and outlines general obligations to administer measures expeditiously. The Chapter governs granting temporary entry, possible refusals, notice requirements, application fee limits, and information publication and data sharing.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages17

Reading Time43 min

AccessFree to download

Article 16.1 - Definitions

Article 16.2 - Scope

Article 16.3 - General Obligations

Article 16.4 - Grant of Temporary Entry

Article 16.5 - Provision of Information

Article 16.6 - Temporary Entry Working Group

Article 16.7 - Dispute Settlement

Article 16.8 - Relation to Other Chapters

CHAPTER 16 TEMPORARY ENTRY FOR BUSINESS PERSONS Article 16. 1: Definitions For the purposes of this Chapter: business person means a citizen of a Party who is engaged in trade in goods, the supply of services or the conduct of investment activities; citizen means, with respect to Mexico, a national or a citizen according to the provisions of Articles 30 and 34, respectively, of the Mexico’s Constitution (Constitución Política de los Estados Unidos Mexicanos); 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. Article 16.2: Scope 1. This Chapter applies to measures affecting the temporary entry of business persons of a Party into the territory of another Party. 2. This Chapter does not apply to measures affecting natural persons seeking access to the employment market of another Party, nor does it apply to measures regarding citizenship, nationality, residence or employment on a permanent basis. 3. Nothing in this Agreement prevents 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. Article 16.3: General Obligations 1. Each Party shall apply its measures relating to this Chapter expeditiously so as to avoid unduly impairing or delaying trade in goods or services or the 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 16.4: Grant of Temporary Entry 1. Each Party shall grant temporary entry to a business person who is otherwise qualified for entry under its measures relating to public health and safety and national security, in accordance with this Chapter, including Annex 16-A (Temporary Entry for Business Persons) . 2. A Party may refuse to grant temporary entry or issue an immigration document authorizing employment to a business person where the temporary entry of that person might adversely affect: (a) the settlement of a labor dispute that is in progress at the place or intended place of employment; or (b) the employment of a person who is involved in that dispute. 3. If a Party refuses pursuant to paragraph 2 to grant temporary entry or issue an immigration document authorizing employment, it shall: (a) provide written notice to the business person of the reasons for the refusal; and (b) promptly provide written notice to 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. 5. The sole fact that a Party grants temporary entry to a business person of another Party pursuant to this Chapter does not exempt that business person from meeting any applicable licensing or other requirements, including any mandatory codes of conduct, to practice a profession or otherwise engage in business activities. Article 16.5: Provision of Information 1. Further to Article 29.2 (Publication), each Party shall publish online or otherwise make publicly available explanatory material regarding the requirements for temporary entry under this Chapter that will enable a business person of another Party to become acquainted with them. 2. Each Party shall collect and maintain, and make available to the other Parties in accordance with its 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, if prac

FAQs

What does “temporary entry” mean under Article 16.1?

Temporary entry is entry into the territory of a Party by a business person of another Party without intent to establish permanent residence.

Which measures are covered by Chapter 16 under Article 16.2?

Chapter 16 applies to measures affecting temporary entry of business persons into the territory of another Party, but it does not apply to measures regarding access to the employment market, or citizenship, nationality, residence, or employment on a permanent basis.

When can a Party refuse temporary entry or employment authorization under Article 16.4?

A Party may refuse where temporary entry might adversely affect settlement of a labor dispute in progress or the employment of a person involved in that dispute.

Sep 29, 2026

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