International service providers

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International service providers

The European Union has taken commitments in trade agreements concerning the temporary entry and stay in its territory of service providers from a number of third countries. The main such commitments are included in bilateral Free Trade Agreements (FTAs) as shown here. In the event of an inconsistency between such international obligations of the EU regarding service providers and a description of national measures for entry and temporary stay as set out elsewhere in the Portal, the former shall prevail.

Business visitors for establishment purposes" means natural persons working in a senior position within a legal person of a Party, who:
  • Are responsible for setting up an enterprise of such legal person in the territory of the other Party;
  • Do not offer or provide services or engage in any economic activity other than that which is required for the purposes of the establishment of that enterprise; and
  • Do not receive remuneration from a source located within the other Party;
Contractual service suppliers" means natural persons employed by a legal person of a Party (other than through an agency for placement and supply services of personnel), which is not established in the territory of the other Party and has concluded a bona fide contract, not exceeding 12 months, to supply services to a final consumer in the other Party requiring the temporary presence of its employees who:
  • Have offered the same type of services as employees of the legal person for a period of not less than one year immediately preceding the date of their application for entry and temporary stay;
  • Possess, on that date, at least three years professional experience, obtained after having reached the age of majority, in the sector of activity that is the object of the contract, a university degree or a qualification demonstrating knowledge of an equivalent level and the professional qualifications legally required to exercise that activity in the other Party1; and
  • Do not receive remuneration from a source located within the other Party;
Independent professionals" means natural persons engaged in the supply of a service and established as self-employed in the territory of a Party who:
  • Have not established in the territory of the other Party;
  • Have concluded a bona fide contract (other than through an agency for placement and supply services of personnel) for a period not exceeding 12 months to supply services to a final consumer in the other Party, requiring their presence on a temporary basis; and
  • possess, on the date of their application for entry and temporary stay, at least six years professional experience in the relevant activity, a university degree or a qualification demonstrating knowledge of an equivalent level and the professional qualifications legally required to exercise that activity in the other Party.
Short-term business visitors" means natural persons that:
  • Are not engaged in selling their goods or supplying services to the general public;
  • Do not, on their own behalf, receive remuneration from within the Party where they are staying temporarily; and
  • Are not engaged in the supply of a service in the framework of a contract concluded between a legal person that has not established in the territory of the Party where they are staying temporarily, and a consumer there.
“Investors” means natural persons who establish, develop, or administer the operation of an investment in a capacity that is supervisory or executive, and to which those persons or the enterprise employing those persons has committed, or is in the process of committing, a substantial amount of capital
  • Where the degree or qualification has not been obtained in the Party where the service is supplied, that Party may evaluate whether this is equivalent to a university degree required in its territory.
  • Where the degree or qualification has not been obtained in the Party where the service is supplied, that Party may evaluate whether this is equivalent to a university degree required in its territory.

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